By: Douglas L. Waldorf
In July, the 2d DCA overturned a bank’s summary judgment on the grounds that the bank failed to rebut the defense of lack of standing. The frequency and similarity of these cases makes me think of the movie Goundhog Day !
The facts in the July, 2014 case of Olivera v. Bank of America, N.A. are pretty much the same as those of the Lafrance v. US Bank case which I discussed in a prior blog post. Another bank filed suit and attached to its complaint a copy of a promissory note having no endorsement and then, eighteen months later, filed an original note with the court that contained two undated endorsements.
