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Florida Fourth DCA rules that mortgage servicer did not have standing to pursue professional negligence claim against property appraiser regarding appraisal of mortgaged property

On August 23, 2017, in Llano Financing Group v. Yespy, No. 4D16-2007, the Florida Fourth DCA affirmed the dismissal of a negligence complaint filed by a third-party servicer of a mortgage against an appraisal company which had been retained by the borrower to appraise the property subject to the mortgage. The Florida Fourth DCA pointed out that the claim servicer had never been assigned the original lender’s rights to sue the property appraiser and was not an intended user of the appraisal.