Legal Opinion
Peters v. The Bank of New York Mellon
District Court of Appeal of Florida
Decided May 26, 2017No. Case 2D15-2222PublishedCited by 7 opinions
1Opinion of the Court
WALLACE, Judge.
Hazel N. Peters, a/k/a Hazel N. Johnson (Ms. Peters), challenges a final judgment of foreclosure in favor of The Bank of New York Mellon (the Bank) entered after a bench trial. Because the Bank failed to prove its ownership of the lost note that it attempted to reestablish and enforce, we reverse.
I. THE FACTS AND THE PROCEDURAL BACKGROUND
On March 13, 1998, Ms. Peters and Leo Johnson executed a note in favor of Conti-Mortgage Corporation as the Lender. The note was secured by a standard residential mortgage on real property in Lee County, Florida. The mortgage also named…
2Cases cited17 opinions
- Focht v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2013
- Johns, Et Ux. v. GillianSupreme Court of Florida · 1938
- Wolkoff v. American Home Mortgage Servicing, Inc.District Court of Appeal of Florida · 2014
- Correa v. U.S. Bank National Ass'nDistrict Court of Appeal of Florida · 2013
- Dixon v. Express Equity Lending Group, LLLPDistrict Court of Appeal of Florida · 2013
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- THOMAS E. JOHNSON AND KELI N. JOHNSON v. DEUTSCHE BANK TRUST COMPANYDistrict Court of Appeal of Florida · 2018
- FREDERICK SABIDO and JONELLE SABIDO v. THE BANK OF NEW YORK MELLON, ETC.District Court of Appeal of Florida · 2017
- Connie L. Mielke and Blair C. Mielke v. Deutsche Bank National Trust Company, etc.District Court of Appeal of Florida · 2019
- Frank Certo and Muriel Certo v. The Bank of New York Mellon F/K/A etc.District Court of Appeal of Florida · 2019
- MARCIA SUPRIA v. GOSHEN MORTGAGE, LLCDistrict Court of Appeal of Florida · 2017
2 more not listed; retrieve them via the Exa API.