1. Why did the appellate court reverse the judgment of the lower court in this case? What did the appellate court suggest that the lower court do?
2. How might Chase establish its standing to foreclose at the time the complaint was filed?
3. If Chase cannot prove that it owned the note at the time of its complaint, what will happen next? Will Chase prevail? Why or why not?
4. Why do states require strict compliance with the provisions of their foreclosure laws, such as the requirement in this case that the lender own the note at the time of the complaint?
On May 11, 2009, Chase filed a * * * mortgage foreclosure action [in a Florida state court] against * * * Robert McLean. The complaint generally alleged that McLean had defaulted under the note and mortgage, and that Chase was “the legal and/ or equitable owner and holder of the Note and Mortgage and has the right to enforce the loan documents.”

  • CreatedJune 18, 2014
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