Deutsche Bank Trust Co. Americas v. Frias

Appellant Deutsche Bank (“the Bank”) appeals the involuntary dismissal of its foreclosure action against Appellee Fernando Frias, at al. (“the Homeowner”). Because the trial court improperly denied admission of the loan payment history and *507note, we reverse and remand for further proceedings.1

Background

The Bank filed a foreclosure action against the Homeowner in September 2007, alleging one count to foreclose on the mortgage and a second count to enforce a lost note. A copy of the mortgage was attached to the complaint. The following year, the original note, endorsed in blank, was filed with…