A Florida appeals court recently ruled in a mortgage foreclosure case that could affect how lenders prove their standing in such actions. The court affirmed a lower court's decision regarding Myriam Augustin and Change Lending, LLC, d/b/a Change Home Mortgage. This ruling is significant for homeowners and lenders alike, as it clarifies the evidence needed for lenders to establish their right to foreclose on properties.

The case, Myriam Augustin v. Change Lending, LLC, d/b/a Change Home Mortgage, was filed under docket number 4D2025-2136 on November 12, 2026. The dispute arose when Augustin, representing herself in court, challenged the foreclosure initiated by Change Lending. The ruling from the District Court of Appeal of Florida is expected to have implications for future mortgage foreclosure cases.

Background

Myriam Augustin, a resident of Plantation, Florida, found herself in a legal battle with Change Lending, a company that provides home mortgage services. The dispute began when Change Lending filed a foreclosure action against Augustin, claiming she had defaulted on her mortgage payments. Augustin contested the foreclosure, arguing that the lender did not have the proper documentation to support its claim.

The case moved through the legal system and reached the Circuit Court for the Seventeenth Judicial Circuit in Broward County. The lower court ruled in favor of Change Lending, prompting Augustin to appeal the decision. The appeal was heard by the District Court of Appeal of Florida, which ultimately upheld the lower court's ruling.

The Ruling

The District Court of Appeal ruled to affirm the lower court's decision, stating that Change Lending had demonstrated sufficient evidence to establish its standing in the foreclosure action. The court referenced a previous case, Ortiz v. PNC Bank, Nat’l Ass’n, to support its decision. The opinion noted, "We recognize the fact that a copy of a note is attached to a complaint does not conclusively or necessarily prove that the Bank [or lender] had actual possession of the note at the time the complaint was filed. However, if the Bank [or lender] later files with the court the original note in the same condition as the copy attached to the complaint, then we agree that the combination of such evidence is sufficient to establish that the Bank [or lender] had actual possession of the note at the time the complaint was filed and, therefore, had standing to bring the foreclosure action, absent any testimony or evidence to the contrary."

This ruling was issued per curiam, meaning it was delivered collectively by the judges without identifying a specific author. Judges Forst, KlingenSmith, and Associate Judge Norman Anastasia all concurred with the decision.

Impact

The court's ruling is significant for both homeowners facing foreclosure and lenders seeking to enforce their rights. It clarifies that lenders can establish their standing in foreclosure cases by providing evidence of possession of the mortgage note. This ruling may streamline the process for lenders, as they now have clearer guidelines on how to present their case in court.

For homeowners, the decision highlights the importance of understanding the documentation involved in mortgage agreements. It serves as a reminder that while borrowers can challenge foreclosure actions, they must be prepared to provide compelling evidence to support their claims. This ruling may also encourage lenders to ensure they maintain proper documentation to avoid disputes in the future.

What's Next

Details were not available in the court filing regarding whether Augustin plans to appeal this decision. However, the ruling sets a precedent that may influence similar cases in Florida. As the legal landscape evolves, both lenders and homeowners will need to stay informed about their rights and responsibilities in mortgage foreclosure actions.