Legal Opinion

Figueroa v. Federal National Mortgage Ass'n

District Court of Appeal of Florida

Decided December 4, 2015No. 5D14-4078PublishedCited by 17 opinions

1Opinion of the CourtEdwards, J.

Juan Figueroa (“Appellant”) appeals the trial court’s entry of an in rem final judg*1113ment of foreclosure in favor of Federal National Mortgage Association (“Fannie Mae”). Appellant argues that the trial court erred in denying his motion for involuntary dismissal because Fannie Mae failed to reestablish the lost note, prove its standing to foreclose on the note, prove the amount owed on the note, and did not prove compliance with a condition precedent listed in paragraph 22 of the mortgage. No documents were placed in evidence and the sole witness presented on behalf of Fannie Mae lacked…

2Cases cited12 opinions

  1. McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
  2. Wolkoff v. American Home Mortgage Servicing, Inc.District Court of Appeal of Florida · 2014
  3. Servedio v. US Bank National Ass'nDistrict Court of Appeal of Florida · 2010
  4. Gorel v. Bank of New York MellonDistrict Court of Appeal of Florida · 2015
  5. Anastacia S. Lacombe and Max P. Lacombe v. Deutsche Bank National Trust Company, etc.District Court of Appeal of Florida · 2014

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3Cited by17 opinions

  1. Madl v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2017
  2. Deutsche Bank National Trust Co. v. MarcianoDistrict Court of Appeal of Florida · 2016
  3. Home Outlet, LLC v. U.S. Bank National Ass'nDistrict Court of Appeal of Florida · 2016
  4. FREDERICK SABIDO and JONELLE SABIDO v. THE BANK OF NEW YORK MELLON, ETC.District Court of Appeal of Florida · 2017
  5. Nationstar Mortgage, LLC v. U.N. Kee WingDistrict Court of Appeal of Florida · 2017

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