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McLEAN v. JP MORGAN CHASE BANK NATIONAL ASSOCIATION

No. 4D10-3429.

ROBERT McLEAN, Appellant, v. JP MORGAN CHASE BANK NATIONAL ASSOCIATION, not individually but solely as Trustee for the holders of STRUCTURED ASSET MORTGAGE INVESTMENTS II, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-ARS, Appellee.

District Court of Appeal of Florida, Fourth District.

December 14, 2011.

Attorney(s) appearing for the Case

Stuart N. House of Giunta & House, P.A., Fort Lauderdale, for appellant.

Heidi J. Weinzetl of Shapiro & Fishman, LLP, Boca Raton, for appellee.

PER CURIAM.

Robert McLean appeals a final judgment of foreclosure entered in favor of JP Morgan Chase Bank ("Chase") as Trustee for holders of certain mortgage pass-through certificates. We reverse, concluding that the trial court erred in entering summary judgment in Chase's favor, where the record lacked any evidence that Chase had standing to foreclose at the time the lawsuit was filed.

On May 11, 2009, Chase filed a two-count mortgage foreclosure action...

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