Banks need to show evidence they own and hold the mortgage on a home when asking judges to foreclose on a property

Banks need to show evidence they own and hold the mortgage on a home when asking judges to foreclose on a property, according to a ruling issued in the 4th District Court of Appeal In West Palm Beach on Wednesday.

A three-judge appellate panel overturned an earlier summary judgment by Palm Beach Circuit Court Judge Thomas Barkdull III, that allowed US Bank National Association to repossess a Boca Raton couple's home. The foreclosure went through even though the lender did not show the original note or other acceptable proof of ownership.

"Some judges have been lax about the rules of evidence," said Peter Snyder, the Boca Raton lawyer representing homeowner Guiseppe Servedio. "I think that what this case says is you better have the original note."