Legal Opinion

GMAC Mortgage, LLC v. Palenzuela

District Court of Appeal of Florida

Decided October 26, 2016No. 14-2914 & 14-1420PublishedCited by 5 opinions

1Opinion of the CourtShepherd, J.

The appellant, GMAC Mortgage, LLC, appeals an order releasing escrowed funds in the sum of $393,609.41 to a redeeming party in a mortgage foreclosure action based upon evidence and testimony given at an evidentiary hearing. According to GMAC, the funds represented unpaid interest, insurance premiums, and other es-crowed items. The record, however, contains no transcript of the hearing, and GMAC’s post-hearing efforts to create a record by affidavits of counsel and the GMAC witness who testified are too little too late. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla.1979)…

2Cases cited3 opinions

  1. Applegate v. Barnett Bank of TallahasseeSupreme Court of Florida · 1979
  2. Wolkoff v. American Home Mortgage Servicing, Inc.District Court of Appeal of Florida · 2014
  3. Zarate v. Deutsche Bank National Trust Co.District Court of Appeal of Florida · 2012

3Cited by5 opinions

  1. Barry M. Leff v. Rossana LarezDistrict Court of Appeal of Florida · 2025
  2. J&R UNITED INDUSTRIES, INC., etc. v. STEPHEN E. MIRON, etc.District Court of Appeal of Florida · 2022
  3. Keystone Towers Condominium Association Inc. v. Hamid R. RahimiDistrict Court of Appeal of Florida · 2024
  4. QUEEN ELIZABETH COOPER-MEISTER v. JOSEPH MEISTERDistrict Court of Appeal of Florida · 2021
  5. WILLIAM A. JULIA v. MELISSA RAMOS-BAEZDistrict Court of Appeal of Florida · 2024

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