sample foreclosure affirmative defenses florida

- We Help Stop Home Foreclosure and Remove Debt Liability-. While the foreclosure is proceeding through the court system, the homeowner will have a right to raise legal defenses to the bank's foreclosure. 1:12-cv-01963 (Northern District of Illinois 2012) . Law Office of Ray Garcia, P.A. 1. the CC&Rs don't authorize the HOA's charges. Florida Bar No. Copyright 1999 2023 GoDaddy Operating Company, LLC. 3d at 251. Assn, 359 So.2d 464 (Fla. 4th DCA 1978)). The Mortgage clearly states that, MERS is the mortgagee. With mortgagee being synonymous with lender, this statement acts to establish MERS as the original lender, rendering them a necessary and indispensable party to this action. al., 462 So.2d 1178, (FLa. 3d DCA 1985). Under Florida law, a homeowner's answer to a foreclosure complaint may include the affirmative defense that the plaintiff lacks legal standing to obtain a judgment of foreclosure. However, if the foreclosing party is not the original lender, it must prove that it is the holder of the note and mortgage at the time of filing the foreclosure lawsuit and throughout the lawsuit, by submitting a note with a black or special endorsement, an assignment of the note, or an affidavit otherwise proving the plaintiffs status as the holder of the note. Lets say your friend lets you borrow $20.00. The notice required under this statute must be sent to the homeowner within 30 days of the assignment. mjk funeral home obituaries; san jose state university graduate programs deadlines Men umschalten. Defendant, JOHN DOE, hereby respond to the allegations of the Compliant and state affirmatively: 1. The third category of foreclosure defenses is similar to the arguments against the legality of the default. Nava basically says yes he can sue on my behalf. Managing Partner You will also want to reference Florida statutory laws and the laws of civil procedures with your other affirmative defense arguments. Borrowers must get special disclosures for these kinds of mortgages. Foreclosure defendants are entitled to use any contractual defense that pertains to their circumstances. 4. The notice to the homeowner must indicate the action required to cure the default and provide at least 30 days to cure the default before the bank can initiate foreclosure. This means that a lender must file a foreclosure complaint with the court, and the borrower will be given an opportunity to file defenses to stop the foreclosure. Answer & Affirmative Defenses - TO PLAINTIFF'S COMPLAINT/MARLON WALTERS al.. foreclosure cases decreased by 52 percent, from 94 percent in Fiscal Year 2005-2006 . Oftentimes, borrowers engage in technical defaults, like quit claiming an interest in the property to a family member, or they make late payments. Neither the exhibits attached to Plaintiffs Complaint nor the allegations of the Complaint are sufficient to demonstrate standing. 15 U.S.C. STANLEY ABS CAPITAL I, INC., TRUST Ch. For an overview of the mortgage foreclosure process, see 2 Florida Real Estate Transactions 32.80. A good foreclosure attorney will find problems with the lenders foreclosure lawsuit and exploit them to your advantage. Here is the outline of the 12 other affirmative defenses that were raised: One affirmative defense we can use for when the lender lost the note (from our second foreclosure example) may look like this: Referencing Previously Ruled Court Cases: The Rest of the First Affirmative Defense: Consults are free, even if you are asking general foreclosure questions. Mortgages are frequently sold and transferred to other financial institutions. During the past several years, courts throughout the country have dismissed foreclosure cases where the foreclosing plaintiff has not been able to establish by submitting competent and admissible evidence that it actually owns the note that it is attempting to foreclose. sample foreclosure affirmative defenses florida Otherwise, the court might decide the charges are not valid. There was no Assignment of Mortgage attached to the Complaint which alleges to confer any legal rights in the Note and Mortgage. & Loan Assoc., 502 So. If a foreclosure lawsuit is filed after the deadline has passed, then it is barred by operation of law. Accordingly, lenders should avoid unscrupulous practices, overreaching, concealment, trickery, or other unconscientious conduct.. There are more issues that can be raised to defend a Florida foreclosure lawsuit, like usury and duress. For example, some courts in Florida, New York, New Jersey, California and Illinois have permitted foreclosing plaintiffs to foreclose, even without the original note, by providing competent evidence of the assignments, payment history, default, and statements pertaining to the circumstances surrounding the note's current unavailability. However, proving fraud is not easy to do because the elements of fraud must be proven with particularity. ecolife organic quick cook brown basmati rice, . Corp. v. TSE Plantation, LLC, 301 So. M If the statute of limitations is a viable defense be sure to plead it in the answer, as it may be waived if not so pled. Kumar Corp. v Norpal Lines, Ltd, et. In this article, we provide a guide on how to defend against HOA foreclosure in Florida. 1. Copyright 2023 AboutFloridaLaw.com. This entitlement to prosecute a claim in Florida courts rest exclusively in those persons granted by substantive law, the power to enforce the claim. To combat against a standing defense, lenders, or the holder of the note and mortgage, must ensure that it has proof of standing by demonstrating that it is the holder of the note and mortgage at the time of filing a foreclosure lawsuit and throughout the lawsuit. "The elements of equitable estoppel are (1) a representation as to a material fact that is contrary to a later-asserted position, (2) reliance on that representation, and (3) a change in position detrimental to the party claiming estoppel, caused by the representation and reliance thereon." Those arguments focus upon either (1) the validity of the mortgage; (2) whether or not there has been a "default" under the law; and (3) if the lender had a legal right to accelerate the debt under the circumstances of the case. To succeed on this defense, the borrower must show that it relied on the plaintiffs misconduct, and suffered an injury. Copyright 1999 2023 GoDaddy Operating Company, LLC. 1971). his entitlement to prosecute a claim in Florida courts rest exclusively in those persons granted by substantive law, the power to enforce the claim. In Florida, lack of standing is a common defense in a foreclosure lawsuit. However, there are others including, incorrect legal description in the mortgage (there is case law here), estoppel, unclean hands, and rescission. Banking & Financial Services Industry Legal Blog, Floridas Second DCA: Florida Law Remains That Plaintiffs in Foreclosure Actions Must Have Standing at the Time of Filing Suit, How to Foreclose on Mortgaged Land in Different Counties. The lenders' and mortgage servicers' sloppy record keeping and abusive practices can be of benefit to homeowners trying to defend against foreclosure. 2d 488 (Fla. Dist. The defenses described herein may not be applicable to every home foreclosure case, you should seek the advice of a licensed attorney in your area for more information about your specific case. Affirmative Defenses to Foreclosure Based on Missing Notes and/or Lack of Standing: Piccolo, 453 So. attached to plaintiffs complaint as Exhibits. Box 23028, Tampa, FL 33623, and faxed [239-261-3659], and mailed Ashley D. Lupo, Esq., Roetzel & Andress, LPA, 850 Park Shore Dr., Fl 3, Naples, FL 34103. The failure to follow any of these federal laws, rules, or regulations by the mortgage lender can become a valid federal statutory foreclosure defense for the borrower in a Florida foreclosure lawsuit. Here, things like failure to give the requisite notice, or service of process, can result in the dismissal of the proceedings. These articles are for informational purposes only and should not be relied upon as legal advice. Adding Affirmative Defenses When Responding to a Foreclosure Summons We provide attorneys and you with the state-specific forms that are correct and valid. Moreover, banks will often lose the original promissory note or mortgage, which can make it even more difficult to prove standing. 559.72, et. Today, many foreclosures are commenced not by original lenders, but instead by entities who were allegedly assigned the mortgage, typically after multiple, prior transfers. Empire State Legal Forms UnderFlorida Statute 95.11(2)(c), all mortgage foreclosure lawsuits must be filed within five (5) years. colonel frank o'sullivan interview; beverly hills high school football the HOA failed to record the lien properly, or. FAILURE OF GOOD FAITH AND FAIR DEALING: UNFAIR AND UNACCEPTABLE LOAN SERVICING. The Plaintiff does not prove that it owns, holds, or has the right to enforce the mortgage. Then please feel free to send Larry an. This entitlement to prosecute a claim in Florida courts rest exclusively in those persons granted by substantive law, the power to enforce the claim. Kumar had not received payment from Nava and was not carrying insurance for the items being sold. Commonly, any CC&R governing an HOA must contain certain provisions to provide how and when the association may foreclosure an individuals property. 607.1502 (1) and 607.1501 (a), (g) and (h). To increase chances of success in foreclosure, lenders should be aware of what these defenses are and how to overcome them. At Loan Lawyers, we understand that there are defenses available that can keep you in your home and will use them effectively to give you the best chance of success. This is a sample document related to a specific set of facts and circumstances and should not be used or relied upon if any foreclosure, deficiency judgment, short sale or any other real estate matter. PLANTIFF DOES NOT HAVE STANDING PLAINTIFF IS NOT REAL PARTY IN INTEREST: Plaintiff does not have standing to bring this action. In addition to providing an affirmative defense to lien foreclosure actions, fraudulent lien claims may, under 713.31(2)(c), be asserted as counterclaims, crossclaims, or . He or she must do things that include: If these procedural requirements for service of process in a foreclosure lawsuit are not followed, then the defendant can move the court to quash the service and dismiss the entire case based upon defective or insufficient service of process. The bottom line is that a homeowner who is served with a foreclosure summons should file an answer with the court in a timely manner. During the transport everything was stolen. counsel, and files these Affirmative Defenses to the Complaint filed. 2023 Empire State Legal Forms, Inc. - All Rights Reserved. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 3d 170, 173 (Fla. 4th DCA 2012). 2. Lenders should also keep a copy of the notice of default letter in their loan file as evidence of substantial compliance. There were a total of 12 affirmative defenses made against the plaintiffs claim. Foreclosure cases in Florida are heard in courts of equity. Standing means that the party seeking foreclosure has a right to bring the lawsuit. A number of financial institutions, and the law firms that represented them, have been the subjected to civil penalties for their fraud against homeowners. F.S. See, e.g.,Adam Smith Enterprises, Inc. v. Barnes, 539 So.2d 549 (Fla. 2d DCA 1989). All rights reserved. And if the HOA begins a foreclosure, don't panic; you might have a defense to the action, like: the HOA charged you too much or charged you unreasonable fees. Further, the list of defenses described above is not exhaustive, there may be many other legal defenses available. Ocwen Filing Bad Foreclosure Lawsuits: Is Ocwen Servicing Your Mortgage? Similarly, in some instances, there have been so many assignments (and the assignments were handled so carelessly) that the original notes are missing. If you are the site owner (or you manage this site), please whitelist your IP or if you think this block is an error please open a support ticket and make sure to include the block details (displayed in the box below), so we can assist you in troubleshooting the issue. the HOA failed to follow state laws. The common affirmative defenses are fraud, undue influence, lack of notice required under the mortgage, standing, payment, and duress. You are saying since the lender did not include an endorsement from the original lender, they have not proven the debt is actually owed to them. Stop Your Foreclosure (before you have been served). Besides single-family homes, Florida condos are often the subject of foreclosure lawsuits. Under the National Housing Act (12 U.S.C. In the context of foreclosure, standing is used to argue the bank is not the proper plaintiff in the foreclosure case. 2 * We limit our focus here to defenses specific only to the action. Other states have similar notice requirements. This is just a single argument for this affirmative defense. The particular facts surrounding the mortgagors (borrower) actions must be evaluated to determine if the security of the bank has been impaired. Plaintiff intentionally failed to act in good faith or to deal fairly with Defendants by failing to follow the applicable standards of residential single family mortgage lending and servicing as described in these Affirmative Defenses thereby denying Defendants access to the residential mortgage lending and servicing protocols applicable to the subject note and mortgage. Homeowners answering a foreclosure summons should consider substantial and powerful affirmative defenses to foreclosure that have evolved during course of America's prolonged foreclosure crisis. Stated differently, each monthly payment that the borrower fails to pay restarts the 5-year clock. Inc. v. Scialabba, 238 So. Plaintiff does not have standing to bring this action. Home/14 colony lane, bratenahl/ sample foreclosure affirmative defenses florida. To increase chances of success in foreclosure, lenders should be aware of what these defenses are and how to overcome them. Moreover, the plaintiff must affirm (verify) that the foreclosure complaint is based upon facts alleged therein that are true and correct. Failure to have a duly authorized representative of the lender-plaintiff sign the complaint under penalty of perjury means that the complaint fails to meet the procedural requirements. Imagine then some random person you dont know walks up to you demanding the $20.00 that you owe your friend. The Forth District elaborated on this rule in Phillips v. Choate, 456 So. Plaintiff's actions, millions of homes have been foreclosed on or are in foreclosure. on the note and mortgage, interest from June 1, 2010, late charges, all costs of, collection including title search expenses for ascertaining necessary parties to, this actions, unpaid taxes, insurance premiums, accumulated late charges and, foreclosure of the mortgage have been performed or have occurred and, therefore the allegations are expressly, directly and explicitly denied and, regarding plaintiffs obligations concerning its attorney fees and therefore the, demanded thereon. For example, Florida courts have found that a lender came to the court with unclean hands when it altered the borrowers income information on the loan application, without the borrowers knowledge, in order to qualify the borrower for a loan, which resulted in a payment increase of 50%. 3d 58, 60 (Fla. 4th DCA 2016) (Where there are conditions precedent to filing the suit, [a] plaintiff must also prove that it has complied with them.). Under Florida Law, What is Equitable Estoppel? Ewusiak Law They used a transport company (Nopal) to transport the TV sets and parts to Venezuela. CERTIFICATES, SERIES 2006-HE6, 4th DCA 1975), Do not sell or share my personal information. Kumar sued Nopal (the carrier) to recover the monetary loss of the stolen items. Kiefert v. Nationstar Mortg., LLC, 153 So. Remember, with an answer you are simply admitting, denying, or stating you dont have enough information to admit or deny the allegations. An affirmative defense in a civil lawsuit is a fact that defeats or mitigates the consequences of a charge. Id. Conditions a Bank Must Satisfy Before Filing a Foreclosure in Florida, defective or insufficient service of process, Lost Notes in Florida Foreclosure Cases: Banks Must Prove Their Case With Valid Legal Documents, Florida Foreclosure Appeal on The Issue of Standing; Victory Against Bank of America. Discussion: 3.03 3.03[2] Necessity of Pleading the Defense. To learn more about this, see our blog: Floridas Second DCA: Florida Law Remains That Plaintiffs in Foreclosure Actions Must Have Standing at the Time of Filing Suit. For more here, see: Conditions a Bank Must Satisfy Before Filing a Foreclosure in Florida, Bank Fails To Provide Proper Service Of Process Of The Lawsuit. Lets say your friend signs a note that says this other guy can take the $20.00 payment on his behalf. 6. IT IS HEREBY CERTIFIED that on October 14, 2011, a true and correct copy of the foregoing was faxed [813-221-9171], and mailed to Ryan Weeks, Esq., Albertelli Law, P.O. After you answer each numbered allegation you will have the option to use case law, previous court rulings, and local statues to point out flaws in their foreclosure summons. Defendants claims Plaintiffs non-compliance with the conditions precedent to foreclosure imposed on the plaintiff pursuant to applicable pooling and servicing agreement. Adding Affirmative Defenses When Responding to a Foreclosure Summons Phone: (407) 476-4372 Orlando Foreclosure Attorney Orlando, Florida 32801 Foreclosure Attorney Michael Stites Speak to an Attorney: Relax. DISMISSAL OF COUNT TO REESTABLISH PROMISSORY NOTE. Although this blog does not contain all of the possible defenses a borrower may raise in a foreclosure lawsuit, it contains some of the most common defenses. % Affirmative Defenses to Foreclosure Based on Noncompliance with Notice Requirements: What are the affirmative defenses to a foreclosure lawsuit? Attorney Home > Foreclosure Research > Foreclosure: A Simple Understanding >, Created by Attorney Michael Stites & contributing editor Jared Speck. Access from your Country was disabled by the administrator. For example, if a homeowner doesnt raise an affirmative in their answer and thereafter asserts it in response to a summary judgment motion brought by the bank then the homeowner may not be able to raise the defense at the hearing (however, a homeowner can always seek to amend their answer to raise an affirmative defense but dont wait until the hearing to do so). Another defense in foreclosure lawsuits is that the foreclosing plaintiff came to the court with unclean hands. IN THE CIRCUIT COURT OF THE In Florida, foreclosure defenses (for residential foreclosures) can be categorized into three different arguments. What Exposure Does a Business Have to Attorneys Fees Under the FCCPA and the FDCPA? Loan Tr. Unclean hands is an equitable defense that may be used to prevent a bank from foreclosure. Those arguments focus upon either (1) the validity of the mortgage; (2) whether or not there has been a default under the law; and (3) if the lender had a legal right to accelerate the debt under the circumstances of the case. Defenses to an Homeowners' Association Foreclosure | Nolo All initial consultations are completely free and we can contact the same or following business day. Hertz Corp.v. See Fla. Stat. Nopal argued that Kumar did not have standing to sue because there is a Florida statue that says the risk of loss or damage as passed to the buyer (Nava) after items are sold. If these documents are not correct, or not provided, then the borrower has specific legal remedies as defined in the statute. When a foreclosing plaintiff is unable to produce the original note (and the homeowner has effectively preserved their legal rights with an answer and affirmative defense), a situation arises that is known, in common parlance, as the "show me the note" foreclosure defense. 3d 1120, 1122 (Fla. 1st DCA 2020). To begin, there is nothing attached to the Complaint which establishes that Plaintiff, WELLS BANKER, AS SUCCESSOR TRUSTEE UNDER SUPERSTAR MORTGAGE FUNDING TRUST, SERIES 2010-2, possessed the requisite legal standing at the inception of this foreclosure action. Another common defense in foreclosure lawsuits in Florida is the lender failed to provide the required notice of default. If the claimant seeks to enforce a lost, destroyed, or stolen instrument, an affidavit executed under penalty of perjury must be attached to the claim for relief. 3. COMPANY, AS TRUSTEE FOR MORGAN CASE NO: 07-xxxx-CA Standing requires that the party prosecuting the action have a sufficient stake in the outcome and that the party bringing the claim be recognized in the law as being a real party in interest entitled to bring the claim. Referencing case law and previously ruled cases is another important part when creating your affirmative defenses. Fraudulent Construction Liens: Willful Exaggeration - The Florida Bar 4 0 obj Defenses to an HOA Foreclosure in Florida - Loan Lawyers Failure to bring a foreclosure lawsuit within 5 years from the date of default will result in dismissal. Affirmative Defenses to plaintiffs Complaint, and in support thereof states the following: Defendants expressly, directly and explicitly deny any right to foreclose in its. Shahar, 125 So. Bank Fails to Follow State And Federal Law Covering Home Loans. A successful fraud defense allows the homeowner to obtain rescission of the mortgage or alternatively, affirm the deal and ask for money damages. Given the ready availability of foreclosure answer forms on the internet, it should be relatively simple for any homeowner to download foreclosure defense forms and thereby preserve their legal rights. Anyproperty liensor attempts to foreclosure resulting from an unauthorized charge are not valid and cannot be enforced by an HOA against the propertys owner. Hallandale Beach, FL 33009 This is a collection of 22 possible affirmative defenses that may be used to defend a foreclosure action. An indispensable party is one whose interest in the controversy makes it impossible to completely adjudicate the matter without affecting either that partys interest or the interests of another party in the action. Potential Defenses Against HOA Foreclosure in Florida When an HOA Is Not Authorized by CC&Rs to Foreclose Commonly, any CC&R governing an HOA must contain certain provisions to provide how. These include requirements that the complaint must: Any failure of the foreclosure complaint to meet the procedural requirements under the Florida Rules of Procedure provides the borrower with a valid foreclosure defense and grounds to seek dismissal of the case. An individual whopurchases a propertyin development needs to agree with several terms and conditions contained in the developments governing documents. You need many more to continue bolstering your argument. Neither the exhibits attached to Plaintiffs Complaint nor the allegations of the Complaint are sufficient to demonstrate standing. Foreclosure Answer and Affirmative Defenses | PDF - Scribd For instance, there is a 30-day notice of default that must be given before the bank starts the foreclosure process. Affirmative Defenses to Foreclosure Lawsuits in Florida - EzineArticles Luckily for lenders, the five year timeline starts for each separate and distinct default. 1987), appeal after remand, 526 So.2d 772 (Fla. 3d DCA 1988). __________________________________/, DEFENDANTS, D.O., AMENDED ANSWER AND AFFIRMATIVE DEFENSES. Foreclosure Defense FAQs and Definitions | About Florida Law Regardless of your situation, if you are facing foreclosure, it is important to contact a Florida foreclosure defense lawyer. 3d 294, 295 (Fla. 5th DCA 2017) (Unclean hands may be asserted as an affirmative defense to a mortgage foreclosure action.). This field is for validation purposes and should be left unchanged. In case someone fails to pay the required fees/assessments, a lien will be attached to the property. Do you have questions or comments? If the lender is unable to satisfy this burden, the court may refuse to grant the foreclosure sought by the bank for failing to fulfil a condition precedent to foreclosure. As a matter of equity, this Court should refuse to foreclose this mortgage because acceleration of the note would be inequitable, unjust, and the circumstances of this case would render acceleration unconscionable. For instance, if the facts show that there was reliance by the mortgagor on statements of acts of the mortgagee relative to the mortgage relationship, then there will not be a valid acceleration of the debt under equitable principles of estoppel and waiver. The general rule in equity is that all persons materially interested, either legally or beneficial, in the subject-matter of the suit, must be made parties either as complainants or defendants, so that a complete decree may be binding upon all parties. There are times when the borrower has paid his or her monthly mortgage payments late, but the lender still accepts the payments. 3d 351, 352 (Fla. 1st DCA 2014) (A plaintiff alleging standing as a holder must prove it is a holder of the note and mortgage both as of the time of trial and also that the (original) plaintiff had standing as of the time the foreclosure complaint was filed.). 4. al., 462 So.2d 1178, (FLA. 3d DCA 1985). Assn, 211 So. PLANTIFF DOES NOT HAVE STANDING PLAINTIFF IS NOT REAL PARTY IN INTEREST: 2. Bartram v. U.S. Bank Nat. All other provisions ofFlorida Rule of Procedure 1.115must also be met, as the specific procedural rule governing mortgage foreclosures in Florida. 2006-HE6, MORTGAGE PASS-THROUGH Some of the law firms that handled the largest volume of foreclosures several years ago have been forced out of business. They should have an actual claim to the home they are trying to foreclose on. Proving standing can sometimes be difficult for a bank because in most foreclosure cases the bank seeking foreclosure is not the bank that originated the mortgage loan. Some of the applicable programs here include the Federal Truth In Lending (TILA), which allows for recission, as well as: Home Ownership Equity Protection Act (HOEPA): Here, if the first mortgage lien has a high interest rate (the threshold amount varies depending on the loan amount) then it is a high rate loan covered by HOEPA. Jallali v. Christiana Tr., 200 So. 2d 1316 (Fla. Dist. Affirmative Defenses Under Florida Law Gulisano Law, PLLC This person has legal duties underRule 1.070and the Florida Statutes, including Florida Statutes48.20,48.031(5). Florida is a judicial foreclosure state, which means that the bank must go to court and receive court approval before foreclosing on a home. Ct. App. Regardless of the situation, a lien must be properly recorded in the county records to be considered valid. Co., 159 So. Typically, a development in Florida has common areas (e.g., pools, playgrounds, etc.) stream Under 12 CFR 226.3, a buyer or assignee must notify the borrower within 30 days from the date a mortgage loan is sold or assigned to a new owner. << /Length 5 0 R /Filter /FlateDecode >> denied and strict proof is demanded thereon. This is a sample document related to a specific set of facts and circumstances and should not be used or relied upon if any foreclosure, deficiency judgment, short sale or any other real estate matter. Homeowners may be able to successfully argue the bank is estopped from claiming a default on the mortgage if the homeowner can prove a violation of the rules governing mortgage loan servicing. If the loan document provides that lenders must provide borrowers with a notice of default, the lender must prove that it complied with these requirements before filing their foreclosure complaint. The Homeowners went to the lender for the purpose of refinancing two Read: Lost Notes in Florida Foreclosure Cases: Banks Must Prove Their Case With Valid Legal Documents, Bank Failed To Properly Assign The Mortgage Or Endorse The Note. Call us today at 954-807-1361 or contact our . fraudstoppers.org/22-affirmative-foreclosure-defenses/, Mozilla/5.0 (Macintosh; Intel Mac OS X 10_15_7) AppleWebKit/605.1.15 (KHTML, like Gecko) Version/15.5 Safari/605.1.15. Each new default, based on a different act or date of default, creates a new cause of action. 1987), appeal after remand, 526 So.2d 772 (Fla. 3d DCA 1988). No Transfer of the Note (Privity) = Lack of . Determine If Your Home Foreclosure is Eligible to be Defended. allegations are expressly, directly and explicitly denied and strict proof is, paragraph, therefore the allegations are exp. If the homeowner can successfully raise doubts as to the bank's standing they may prevail in the foreclosure case.