The original complaint, filed by prior counsel Ben-Ezra & Katz, P.A., contained a count seeking to foreclose a mortgage and a count seeking to re-establish a lost note in which New Century Mortgage Corporation was named as the Lender; The original complaint did not contain a copy of the allegedly lost note as an exhibit;
Plaintiff subsequently filed a Notice of Filing Original Note which contained a note with an undated, stamped blank endorsement by New Century Mortgage Corporation representative Magda Villanueva, AVP/Shipping Manager;
At trial the court found that Plaintiff’s evidence failed to establish the date the undated, blank endorsement was stamped on the note, and failed to establish the note was acquired by Plaintiff prior to the filing of the original complaint.
The court held that Plaintiff failed to establish its standing to prosecute this action and dismissed the case.
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE FOR NEW CENTURY HOME EQUITY LOAN TRUST, SERIES 2004-1, v. LANGLEY. Circuit Court, 20th Judicial Circuit in and for Collier County, Civil Division. Case No. 08-04802-CA. January 6, 2013. Hugh D. Hayes, Judge. Online Reference: FLWSUPP 2004LANG