Florida Foreclosure Defense — 1st DCA rules that Agent can certify note possession

Yesterday Florida’s First DCA ruled that an attorney can certify possession of a promissory note under the Certification Chapter because, in essence, the attorney acts as the agent of the principal. The ruling — which can be read here https://edca.1dca.org/DCADocs/2016/0831/160831_DC13_11142016_092707_i.pdf — did suggest that the attorney had to review the note prior to filing the certification.

Do you guys think this ruling will open the door to other “agents” filing the certification, or will the courts construe the ruling narrowly?

The case name is Bank of America v. Leonard.

Leave a Reply

Your email address will not be published. Required fields are marked *