CONNER, J.
Appellant, the Homeowner, appeals the trial court's final judgment of foreclosure in favor of Appellee, the Bank. The Homeowner makes several arguments on appeal. We agree with the Homeowner that the Bank failed to prove it had standing at the time suit was filed, and therefore reverse. Because we reverse based on the lack of standing, we do not address the Homeowner's additional arguments on appeal.
In January 2009, the Bank filed a two-count complaint against the Homeowner. Count I sought mortgage foreclosure and Count II sought enforcement of a lost note. The subject note and mortgage were signed on January 19, 2007, and both list Encore Credit Corp. ("Encore") as the lender.
Subsequently, the Bank moved to amend its complaint, dropping the lost note count.
The case proceeded to a non-jury trial in August 2013. The Bank's sole witness testified that she worked for "SPS," the servicer for the Bank. On cross-examination, the witness admitted that SPS became the servicer only two months before trial. The Bank's witness gave little testimony about the indorsement on the note. In fact, the only significant testimony regarding the indorsement was that the witness saw the indorsement on a copy of the note in SPS's system in June of 2013.
When the Bank attempted to introduce the original note at trial, the Homeowner objected, arguing that the original note was never produced prior to trial and that she was surprised by the blank indorsement and was not aware that the lost note count had been dropped. After failing to find any order dropping the lost note count or notice of voluntary dismissal of the lost note count, the Bank moved to amend the pleadings to conform to the evidence, since it had the original note at trial. The trial
We review de novo whether a party has standing to bring an action. Dixon v. Express Equity Lending Grp., LLLP, 125 So.3d 965, 967 (Fla. 4th DCA 2013) (citing Westport Recovery Corp. v. Midas, 954 So.2d 750, 752 (Fla. 4th DCA 2007)).
"[T]he plaintiff must prove that it had standing to foreclose when the complaint was filed." McLean v. JP Morgan Chase Bank Nat'l Ass'n, 79 So.3d 170, 173 (Fla. 4th DCA 2012). In the instant case, the Bank was not the original lender for the note and mortgage. If a note does not name the initial plaintiff as payee, then to establish standing, evidence at trial must be presented to prove that, at the time suit was filed, the note bore a special indorsement in favor of the initial plaintiff, a blank indorsement, or a transfer of the note in compliance with the Uniform Commercial Code that entitles the initial plaintiff to an indorsement.
Since it is undated, the indorsement in this case does not facially establish that it was placed on the note prior to the filing of the complaint. Additionally, there was no testimony by the Bank's witness as to when the indorsement was placed on the note, or that the indorsement was on the note at the time suit was filed. Instead, all the witness could say was that she saw the indorsement on a copy of the note in SPS's system in June of 2013, over four years after the complaint was filed. Likewise, the copy of the note that was attached to the complaint did not exhibit an indorsement; thus, there was no circumstantial evidence that the note was indorsed before suit was filed. There was also no evidence that there was an assignment of the note or mortgage.
We conclude from the appellate record that the Bank presented no evidence at trial proving it had standing at the time the complaint was filed. We therefore reverse the final judgment of foreclosure and remand with instructions that the trial court enter an order granting the Homeowner's motion for involuntary dismissal. See Klemencic v. U.S. Bank Nat'l Ass'n, 142 So.3d 983, 984 (Fla. 4th DCA 2014).
WARNER and LEVINE, JJ., concur.