The Eagles Master Association v. Bank of America
St. Andrews at the Eagles, Inc., appeals a final judgment of foreclosure in
favor of Bank of America.1 We reverse because the Bank failed to prove its standing.
On October 12, 2009, a residential foreclosure complaint was filed by BAC
Home Loans Servicing, L.P., formerly known as Countrywide Homes Loans Servicing,
L.P. The first count was to foreclose on a mortgage given by Marie Black; the second
count was to reestablish a lost note and mortgage. St. Andrews was named as a
defendant based on allegations that it might claim a subordinate interest or lien in the
property “by virtue of possible association liens and assessments.”
On the copies of the mortgage and note attached to the complaint, the
lender was identified as Countrywide Bank, FSB. Mortgage Electronic Registrations
Systems, Inc., commonly referred to as MERS, was named…
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