Appellee's reference to the fourth district's decision in GMAC Mortgage, LLC v. Wallach, 231 So. 3d 3 (Fla. 4th DCA 2017), sheds no light on the subject as the two-sentence opinion does not discuss the existence vel non of any contractual relationship between the parties. Appellee also relies upon the fourth district's opinion Christiana Trust v. Rushlow, 231 So. 3d 558 (Fla. 4th DCA 2017), in which it reversed, citing to Glass, the trial court's award of attorney's fees to defendant pursuant to section 57.105(7) after finding that plaintiff lacked standing "both at the initiation of suit and at trial." Id. at 559.
This Court answered the question raised in this appeal in our en banc opinion in Nationstar Mortgage LLC v. Glass , 219 So.3d 896 (Fla. 4th DCA 2017). We subsequently addressed the issue in several cases, including Christiana Tr., a Div. of Wilmington Sav. Fund Soc'y, FSB for Normandy Mortgage Loan Tr., Series 2013–18 v. Rushlow , 231 So.3d 558 (Fla. 4th DCA 2017), and, more recently, Sabido v. Bank of New York Mellon , 4D16–2944, ––– So.3d ––––, 2018 WL 735950 (Fla. 4th DCA Feb. 7, 2018). Furthermore, our sister districts have uniformly reached the same conclusion. Bank of N.Y. Mellon Tr. Co. v. Fitzgerald , 215 So.3d 116 (Fla. 3d DCA 2017) ; HFC Collection Ctr., Inc. v. Alexander , 190 So.3d 1114, 1116 (Fla. 5th DCA 2016).
After establishing that Nationstar Mortgage, LLC ("Nationstar") was not the holder of the note secured by his property at the time it filed a mortgage foreclosure suit and, therefore, lacked standing to maintain its suit, Joselito Martins sought and was awarded fees pursuant to the attorneys' fees clause in the mortgage and the reciprocal provision of section 57.105(7), Florida Statutes (2017). Because "[a] party that prevails on its argument that dismissal is required because the plaintiff lacked standing to sue upon the contract cannot recover fees based upon a provision in that same contract," we reverse and direct the trial court to vacate the final judgment awarding fees to Mr. Martins. Nationstar Mortg. LLC v. Glass , 219 So.3d 896, 899 (Fla. 4th DCA 2017) ; see alsoChristiana Tr., a Div. of Wilmington Sav. Fund Soc'y, FSB for Normandy Mortg. Loan Tr., Series 2013–18 v. Rushlow , 231 So.3d 558, 559 (Fla. 4th DCA 2017).Reversed and remanded.
Appellee’s reference to the fourth district’s decision in GMAC Mortgage, LLC v. Wallach , 231 So. 3d 3 (Fla. 4th DCA 2017), sheds no light on the subject as the two-sentence opinion does not discuss the existence vel non of any contractual relationship between the parties.Appellee also relies upon the fourth district’s opinion Christiana Trust v. Rushlow , 231 So. 3d 558 (Fla. 4th DCA 2017), in which it reversed, citing to Glass , the trial court’s award of attorney’s fees to defendant pursuant to section 57.105(7) after finding that plaintiff lacked standing "both at the initiation of suit and at trial." Id. at 559.