Alexander Moskovits v. Mtglq Investors, L.P.
CourtDistrict Court of Appeal of Florida
Date FiledApril 8, 2020
Docket3D19-1779
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed April 8, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-1779
Lower Tribunal No. 14-10344
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Alexander Moskovits,
Appellant,
vs.
MTGLQ Investors, L.P.,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, John W.
Thornton, Jr., Judge.
Alexander Moskovits, in proper person.
eXL Legal, PLLC, and Nicole R. Ramirez (St. Petersburg), for appellee.
Before SALTER, LOGUE, and LINDSEY, JJ.
PER CURIAM.
Appellant Alexander Moskovits, pro se, appeals a final judgment of
foreclosure and an order denying his motion for leave to amend to assert a
counterclaim and crossclaim for fraud in the inducement. We affirm.
Moskovits raises two arguments. First, he argues that final summary
judgment was improper because Appellee MTGLQ Investors, LP failed to prove
standing. We disagree. Based on the record before us, a copy of the note with a
blank endorsement was attached to the verified foreclosure complaint. This was
sufficient to establish standing to bring the foreclosure action. See U.S. Bank, N.A.
v. Zayas, 44 Fla. L. Weekly D2695 (Fla. 3d DCA 2019) (citing HSBC Bank USA,
N.A. v. Buset, 241 So. 3d 882 (Fla. 3d DCA 2018)); PNC Bank, N.A. v. Clark, 211
So. 3d 265 (Fla. 3d DCA 2017).
Moskovits also argues the trial court abused its discretion in denying his
motion to amend. A review of the record discloses no such error. After five years
of pre-trial motions and three separate and unsuccessful attempts to file a legally
sufficient counterclaim, Moskovits’s last motion to amend simply came too little
and too late.
We therefore affirm both the trial court’s entry of final judgment of
foreclosure and the order denying Moskovits’s motion to amend.
Affirmed.
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