Wachovia Mortgage Corp. v. Paul J. Posti, Jr., etc., Bella Terra Community Association, Inc.

Wachovia Mortgage Corporation appeals a final judgment entered in the homeowner’s favor after a bench trial in this mortgage foreclosure action. The trial court ruled that the parties had an enforceable agreement to modify the loan, and ordered Wachovia to deliver to the homeowner a permanent loan modification with specific terms regarding the principal balance, monthly payment, and interest rate. We reverse because the trial court lacked jurisdiction to award the homeowner relief that was not requested in the pleadings or tried by consent.

A trial court is without jurisdiction to award relief…