### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

Ju l y Term 2014

SHAWN BOYD
, Appellant,

v.

WELLS FARGO BANK, N. A. , AS TRUSTEE FOR OPT ION ONE

MORTGAGE LOAN TRUST 2006

- 1 ASSET

- BACKED CERTIFICATES

SERIES 2006

- 1; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. , AS NOMINEE FOR HOM E LOAN CENTER, INC., D/B/A LENDING TREE LOANS; STEPHEN G. BOYD A/K/A STEPHAN G. BOYD; JOHN DOE; JANE DOE , AS UNKNOWN TENANT( S) IN

POSSESSION OF THE SU BJECT PROPERTY

,

Appellee s

.

No. 4D 13

- 208

[August 6, 2014]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County ; Diana Lewis , Judge; L.T. Case No. 502008CA003564

XXXXMB

.

Russell L. Akins of Jeffrey A. Smith Law Group, Stuart, for appellant.

K. Denise Haire and Michael A. Rodriguez of Blank Rome LLP, Boca Raton, for appellee Wells Fargo Bank, N.A.

S TEVENSON

, J

.

Shawn Boyd appeals from a final judgment of foreclosure. Because Wells Fargo failed to prove it had standing at the time it filed its foreclosure complaint , we r everse.

Wells Fargo filed its foreclosure complaint in February of 2008. Attached to this complaint was a mortgage showing DCS Mortgage, Inc.,

as the lender . DCS Mortgage then assigned the mortgage to Option One.

Nowhere in the record is there an in dication that Option One assigne d the mortgage to Wells Fargo.

A de novo standard of review applies when reviewing whether a party2

has standing to bring an action. Dixon v. Express Equity Lending Grp

. , LLLP , 125 So. 3d 965, 967 (Fla. 4th DCA 2013) (citing Westport Recovery Corp. v. Midas , 954 So. 2d 750, 752 (Fla. 4th DCA 2007)).

“‘The party seeking foreclosure must present evidence that it owns and holds the note and mortgage in question in order to proceed with a

foreclosure action.’” Servedio v. U.S. Bank Nat ’l Ass’n , 46 So. 3d 1105, 1107 (Fla. 4th DCA 2010) (quoting Lizio v. McCullom , 36 So. 3d 927, 929 (Fla. 4th DCA 2010)). To satisfy this burden, Wells Fargo was required to submit either “the note bearing a special endorsement in favor of the plaintiff, an assignment from payee to the plaintiff or an affidavit of ownership proving its status as holder of the note.” Rigby v. Wells Fargo Bank, N.A. , 84 So. 3d 1195, 1196 (Fla. 4th DCA 2012) (citing Servedio , 46 So. 3d at 1107).

Here, Wells Fargo has provided no documentation which establishes

that it had standing at the time it filed the foreclosure complaint

. See Venture Holdings & Acquisitions Grp., LLC v. A.I.M. Funding Grp., LLC , 75 So. 3d 773, 77 6 (Fla. 4th DCA 2011) (“A party must have standing to file suit at its inception and may not remedy this defect by subsequently obtaining standing.”). Although Wells Fargo eventually did file a n A llonge

to N ote bearing a special endorsement in favor of it, the A llonge itself

contains no date

. See Rigby , 84 So. 3d at 1196 (“The Bank has not shown that it was holder of the note at the time the complaint was filed. The note containing a special endorsement in favor of Bank was not dated.”). Moreover, Wells Fargo was apparently never assigned the mortgage and the note. The only assignment in the record is from DCS to Option One. Finally, Wells Fargo did not submit “an affidavit of ownership proving its

status as holder of the note.” Id. (citing Servedio , 4 6 So. 3d at 1107).

Accordingly, we reverse the final judgment of foreclosure.

Reversed

.

C IKLIN and F ORST

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.