—Standing:

MERS v. Azize, 965 So. 2d 151 (Fla. 2d DCA 2007).—

Facts: MERS filed action as nominee, Lower Court dismissed case. Holding: Appellate court reversed, MERS can sue on behalf of another.Best practice: Make sure loan documents support complaint allegations.See, also, MERS v. Revoredo, 955 So. 2d 33 (Fla. 3d DCA 2007): Collection/litigation agent had standing in foreclosure even though it only held, not owned, note.Collection/litigation agent had standing in foreclosure even though it only held, not owned, note. MERS v.Revoredo, 955 So. 2d 33 (Fla. 3d DCA 2007)

Plaintiff’s Affidavits
Require an officer of plaintiff to— sign.
Attorney in fact or an agent can sign, but judges requiring separate— affidavit signed by the plaintiff confirming agent authority.
No stand alone— signatures on last page.
Signing assignment for Bank A, then signing— affidavit for Bank B, questioned and sometimes disallowed.

—Assignments:

Countrywide Home Loans, Inc. v. Taylor (NY Supreme Court, SuffolkCounty, 843 N.Y.S.2d 495)
 Facts: Assignment had an “effective— date”.
 Holding: Judge held language insufficient to show ownership at time— the action commenced.
 Best practice: Assignment fully executed, recorded— prior to foreclosure action.
Glynn v. First Union National Bank, 912 So. 2d 357 (Fla. 4th DCA 2005)
 Facts: Assignment not formally executed— until after action filed.
 Holding: Equitable transfer occurred prior to— action being filed.
 Best practice: Assignments properly drafted and— recorded prior to action filed.
—Assignments, continued.
—In re Leverett 378 B.R. 793 (Bankr. E.D. Tex.December 5, 2007)- Bankruptcy court held that because proof of claim was devoid of any evidence of assignment, it would be disallowed.
—Bankers Trust Company of California v. Vaneck, 899 A. 2d 41 (Conn. App. 2006).: Mortgage follows note, thus only rightful owner of note has right to enforce.
—In re Vermont Fiberglass, Inc., 45 B.R. 603 (D.VT. 1984): recording not necessary for valid assignment, but unrecorded assignment inferior to right of purchaser w/o notice.
—In re Woodberry, 383 B.R. 373 (Bkrtcy. D.S.C. 2008) Servicer, as custodian of originals, can enforce w/o recorded assignment.
—Bankers Trust Co. of California v. Vaneck, 899 A. 2d 41(Conn.App. 2006) Mortgage securing repayment of promissory note follows note: only rightful owner of note has right to enforce mortgage.
—IndyMac Bank v. Miguel, 2008 WL 1991789 (Hawai’i App. 2008) Post-complaint assignment of mortgage and note effective to cure unnoticed defect in standing.

—Problems: failure to record, failure to notify mortgagor about transfer, failure of assignee to take physical possession of originals and lost documents.
—Best practices: Assign mortgage & note at same time in same assignment, plus endorsement of note, for value; record thereafter.