Legal Opinion

Nationstar Mortgage, LLC v. Berdecia

District Court of Appeal of Florida

Decided June 26, 2015No. 5D14-569PublishedCited by 26 opinions

1Opinion of the CourtBerger, J.

Nationstar Mortgage LLC (Nationstar) appeals a final judgment, entered after a nonjury trial, in favor of Jose J. Berdecia and Carmen Berdecia (Borrowers). Na-tionstar argues the trial court erred by excluding from evidence certain mortgage records1 originally prepared by a prior servicer, CitiMortgage, Inc. (CitiMort-gage), that were necessary to prove its foreclosure action. We agree and reverse.

The underlying facts are not in dispute. In July of 2009, CitiMortgage filed a foreclosure action against Borrowers arising out of a 2006 loan agreement. In response, Borrowers sent a letter to…

2Cases cited27 opinions

  1. United States v. Samuel Duncan, Jr., Grace Duncan, Gay Nell Duncan, Marshall Sutton, Angela F. Turner, Arthur D. Wilson, and Oscar L. WilsonCourt of Appeals for the Fifth Circuit · 1991
  2. Yisrael v. StateSupreme Court of Florida · 2008
  3. Timberlake Construction Co., Plaintiff-Appellee/cross-Appellant v. U.S. Fidelity and Guaranty Co., Defendant-Appellant/cross-AppelleeCourt of Appeals for the Tenth Circuit · 1995
  4. United States v. Craig Lee ChildsCourt of Appeals for the Ninth Circuit · 1993
  5. United States v. AdefehintiCourt of Appeals for the D.C. Circuit · 2007

22 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Bank of New York Mellon v. JohnsonDistrict Court of Appeal of Florida · 2016
  2. Citimortgage, Inc. v. HoskinsonDistrict Court of Appeal of Florida · 2016
  3. Diaz v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2016
  4. Ocwen Loan Servicing, LLC v. GundersenDistrict Court of Appeal of Florida · 2016
  5. Bowmar v. SunTrust Mortgage, Inc.District Court of Appeal of Florida · 2016

21 more not listed; retrieve them via the Exa API.

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