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SUBSTITUTED PLAINTIFF | Key Points

  1. The Fourth DCA recently clarified its position regarding the “standing” of a substituted party plaintiff. Spicer v. Ocwen Loan Servicing, LLC, No. 4D16-2335, 2018 Fla. App. LEXIS 317 (Fla. 4th DCA Jan. 10, 2018). In a foreclosure matter where a new plaintiff is successfully substituted for the original plaintiff, the substituted plaintiff acquires the standing of the original party plaintiff. The substituted plaintiff will only be deemed to have standing at the inception of the case if the original plaintiff had standing at the inception of the case.
  2. To be entitled to entry of judgment, in addition to the transferred standing a substituted plaintiff acquires from the original plaintiff, the substituted plaintiff must also prove it had standing at the time of judgment.
  3. According to the Fourth DCA, a substituted plaintiff can prove its standing at the time of judgment simply by presenting the original note, indorsed in blank, to the trial Court. This evidence is sufficient proof of standing even if the original plaintiff filed the bearer instrument with the clerk of courts prior to the substitution and ostensibly, even though the substituted plaintiff never physically held the note prior to surrendering it at trial.

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