See PNC Bank, N. A. v. Clark, 211 So.3d 265 (Fla. 3d DCA 2017) ; Ortiz v. PNC Bank, N. A., 188 So.3d 923 (Fla. 4th DCA 2016) ; Clay Cty. Land Tr. v. JPMorgan Chase Bank, N.A., 152 So.3d 83 (Fla. 1st DCA 2014). See also Rincon v. Bank of America, N.A., 206 So.3d 793 (Fla. 3d DCA 2016).
In foreclosure lawsuits, the Florida courts require the lender to establish standing to bring suit at the time the lawsuit was filed. McLean v. JP Morgan Chase Bank Nat. Ass'n , 79 So.3d 170, 173 (Fla. 4th DCA 2012) ("[A] party is not permitted to establish the right to maintain an action retroactively by acquiring standing to file a lawsuit after the fact."); see alsoCorrigan v. Bank of Am., N.A. , 189 So.3d 187, 190 (Fla. 2d DCA 2016) (en banc); Rincon v. Bank of Am., N.A. , 206 So.3d 793, 795 (Fla. 3d DCA 2016) ; Kiefert v. Nationstar Mortg., LLC , 153 So.3d 351, 352 (Fla. 1st DCA 2014) ; Green v. JPMorgan Chase Bank, N.A. , 109 So.3d 1285, 1288 (Fla. 5th DCA 2013). Thus, where the foreclosing plaintiff does not establish its right to enforce the mortgage note at the time of the filing of the suit, there is no ability to enforce the terms of the note, including the provision regarding attorney's fees.Simply put, to be entitled to fees pursuant to the reciprocity provision of section 57.105(7), the movant must establish that the parties to the suit are also entitled to enforce the contract containing the fee provision.