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GREEN v. OCWEN LOAN SERVICING, LLC, 192 So.3d 1240 (2016)

Court: Court of Appeals of Florida Number: inflco20160531232 Visitors: 1
Filed: May 31, 2016
Latest Update: May 31, 2016
Summary: ON CONFESSION OF ERROR PER CURIAM . Christopher Green appeals from a final judgment of mortgage foreclosure. He argues two issues on appeal, and the appellee, Ocwen Loan Servicing, LLC, concedes error with respect to one. Specifically, the appellee concedes that the trial court erred by entering final judgment when appellee failed to prove that the original plaintiff had standing to foreclose at the time the complaint was filed. See McLean v. JP Morgan Chase Bank Nat'l Ass'n, 79 So.3d 170
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ON CONFESSION OF ERROR

Christopher Green appeals from a final judgment of mortgage foreclosure. He argues two issues on appeal, and the appellee, Ocwen Loan Servicing, LLC, concedes error with respect to one. Specifically, the appellee concedes that the trial court erred by entering final judgment when appellee failed to prove that the original plaintiff had standing to foreclose at the time the complaint was filed. See McLean v. JP Morgan Chase Bank Nat'l Ass'n, 79 So.3d 170, 173 (Fla. 4th DCA 2012). The appellee expressly denies the other argument made by appellant. We accept the appellee's confession of error, vacate the final judgment, and remand with instructions to enter an order of involuntary dismissal based on the lack of standing. See Rodriguez v. Wells Fargo Bank, N.A., 178 So.3d 62, 64 (Fla. 4th DCA 2015).

Reversed and remanded.

STEVENSON, MAY and FORST, JJ., concur.

Source:  Leagle

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