Brian and Cynthia Poag v. Nationstar Mortgage, LLC

Nationstar Mortgage sought to do two separate things in the proceedings below: (a) reestablish a lost note and (b) enforce the note once reestablished. The trial court reestablished the lost note but refused to enforce it because Nationstar’s failure to respond to requests for admissions — now deemed admitted — foreclosed the bank’s ability to seek enforcement.

The trial court correctly denied enforcement óf the note, but erred in reestablishing the note under section 673.3091, Florida Statutes (2014), which is limited to the “[enforcement of lost, destroyed, or stolen instrument[s].”…