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Posts published in June 2015

Florida Court Confirms Rule Allowing ‘Incorporation’ of Prior Servicer’s Records

The Florida Second District Court of Appeal recently reversed a trial court’s dismissal of a mortgage foreclosure action because the plaintiff bank was the proper party to sue and proved that it had standing. In so ruling, the Second DCA applied its prior ruling allowing “incorporation” or “adoption” of a prior servicer’s records, which essentially allows a subsequent servicer to use a prior servicer’s records if the subsequent servicer verified the prior servicer’s records before using them as its own. A copy of the opinion is available at:  Link to Opinion The borrowers obtained their mortgage loan in 2006.  Attached…