BROWARD COUNTY — A Florida bank didn’t have to execute burden of proof in a case involving a trust, according to a 4th District Court of Appeal opinion.

The Bank of New York Mellon Trust filed its appeal after a trial court ruled in favor of Harlan S. Ginsberg and granted summary judgment in a case involving a name discrepancy in a trust. 

In the initial lawsuit against Ginsberg, the bank said it was trustee of the Ramp 2003RS9 trust. It presented a copy of a promissory note that had special instructions that favored “The Bank of New York Mellon Trust Company, National Association F/K/A The Bank of New York Trust Company, N.A. as Successor to JPMorgan Chase Bank, as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates Series 2003-RS9.”

The bank attempted to fix the name mismatch but the trial court dismissed its request, court records show.

Ginsberg then motioned for summary judgment, claiming the bank didn’t name the correct trust in its lawsuit. Ginsberg used the trial court’s decision to deny the bank’s attempt to fix the mistake as proof. The bank had no evidence to counter, so the lower court granted the summary judgment, leading to the bank’s appeal. 

The Bank of New York Mellon Trust said that the name of the trust in the lawsuit not matching the name of the trust in the special endorsement of the promissory note did not cause a dire impact. The appeals court concurred and reversed the lower court’s judgment. 

The appeals court also remanded the trial court’s decision based on multiple factors. It said the bank had the right to foreclose since it had a special endorsement. Additionally, the court wrote that Ginsberg couldn’t provide evidence to support summary judgment. 

The court also said the bank didn’t legally have to prove its standing by providing the identity of the trust involved. Considering this, the court said the different name of the trust in the special endorsement does not have a major impact.

The appeals court also remanded the trial court’s decision as it stated the bank didn’t have to provide evidence to oppose Ginsberg’s request for a summary judgment. 

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Florida Fourth District Court of Appeal
1525 Palm Beach Lakes Boulevard
West Palm Beach, FL - 33401

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