The Second District Court of Appeals recently held that so long as judgment is not entered in favor of the plaintiff and the note has not been cancelled, the note should be returned. See Wilmington Savings Fund Society FSB v. Morroni, 2021 WL 2171756 (Fla. 2d DCA May 28, 2021).
In Morroni, Wilmington was unable to prove standing at non-jury trial. Morroni provided expert testimony that the signature on the note offered into evidence was a photocopy. Despite this, the circuit court originally ruled for Wilmington and granted a judgment of foreclosure. Morroni appealed, and the appellate court found the trial court had no basis to reject the expert testimony, remanding for entry of judgment in favor of Morroni.
Wilmington subsequently petitioned the trial court to release the loan documents. The court denied the motion, believing the prior appellate ruling included a factual determination that the note was not an original. The appellate court disagreed and, finding other recent cases persuasive, ruled Wilmington was entitled to release of the loan documents in the absence of a final judgment cancelling the note.
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