U.S. Bank National Association v. Zacarie Benoit, Mortgage Electronic Registration Systems Incorporated, as Nominee For First Interstate Financial Corp., and Thacker Limited Partnership

The issue presented is whether a court must enforce a settlement agreement, and enter consent final judgment of foreclosure when both parties mutually assent to the agreement but the plaintiff is subsequently unable to produce the original promissory note. -.We .hold, that since Florida law “highly favor[s]” settlement, the trial court erred when it.refused to enforce the. parties’ agreement.

U.S. Bank, N.A.,' as trustee, filed a foreclosure action against Zacarie Benoit; the appellee. The bank attached a copy of the mortgage as well as a copy of the promissory note, endorsed in blank, to the…