Legal Opinion
Bank of America, N.A. v. Delgado
District Court of Appeal of Florida
Decided May 6, 2015No. 13-0910PublishedCited by 11 opinions
1Opinion of the CourtScales, J.
In this foreclosure action, Bank of America (“the Bank”) appeals a final judgment entered in favor of the Appellees, Mr. and Mrs. Delgado (“the Borrowers”), on the basis that the Bank failed to prove the amount due on the note. 1 The Bank argues that it was thwarted from proving the amount of indebtedness because the trial court improperly excluded the loan payment history from evidence. For the reasons stated below, we agree with the Bank, reverse the final judgment, and remand for a new trial.
I. Factual Background
On July 25, 2005, the Borrowers executed a mortgage and promissory note in the…
2Cases cited9 opinions
- Yisrael v. StateSupreme Court of Florida · 2008
- Wolkoff v. American Home Mortgage Servicing, Inc.District Court of Appeal of Florida · 2014
- Mazine v. M & I BankDistrict Court of Appeal of Florida · 2011
- Sas v. Federal National Mortgage Ass'nDistrict Court of Appeal of Florida · 2013
- Ernest v. CarterDistrict Court of Appeal of Florida · 1979
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Channell v. Deutsche Bank National Trust Co.District Court of Appeal of Florida · 2015
- ISAIAH L. SPENCER & SHATIKA L. SPENCER v. DITECH FINANCIAL, L L CDistrict Court of Appeal of Florida · 2018
- PEGGY A. THORLTON v. NATIONSTAR MORTGAGE, L L CDistrict Court of Appeal of Florida · 2018
- E&Y Assets, LLC v. Totaram Sahadeo and Phulmatti SahadeoDistrict Court of Appeal of Florida · 2015
- Nationstar Mortgage, LLC v. MarquezDistrict Court of Appeal of Florida · 2015
6 more not listed; retrieve them via the Exa API.