Legal Opinion
E&Y Assets, LLC v. Totaram Sahadeo and Phulmatti Sahadeo
District Court of Appeal of Florida
Decided December 9, 2015No. 4D14-4054PublishedCited by 3 opinions
1Per curiam
We affirm the involuntary dismissal of this mortgage foreclosure action. Appellant’s witness at trial based his testimony on records that were not in evidence and was unable to provide competent evidence of the amount owed on the note. See Wolkoff v. Am. Home Mortg. Serv., Inc., 153 So.3d 280, 281 (Fla. 2d DCA 2014); see also Bank of Am., N.A. v. Delgado, 166 So.3d 857, 858 (Fla. 3d DCA
2015) (“Foreclosure plaintiffs must show: (1) an agreement; (2) a default; (3) an acceleration of debt to maturity; and (4) the amount due”) (emphasis added). “Typically a foreclosure plaintiff proves the…
2Cases cited6 opinions
- Wolkoff v. American Home Mortgage Servicing, Inc.District Court of Appeal of Florida · 2014
- Sas v. Federal National Mortgage Ass'nDistrict Court of Appeal of Florida · 2013
- Johnston v. HUDLETTDistrict Court of Appeal of Florida · 2010
- Bank of America, National Ass'n v. AsburyDistrict Court of Appeal of Florida · 2015
- Bank of America, N.A. v. DelgadoDistrict Court of Appeal of Florida · 2015
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3Cited by3 opinions
- MARLYN TRACEY v. WELLS FARGO BANK N. A.District Court of Appeal of Florida · 2019
- Deutsche Bank National Trust Company, as Indenture Trustee, New Century Home Equity Loan Trust 2005-1 v. Flores Del Callejo, Flores Del CallejoDistrict Court of Appeal of Florida · 2025
- GREEN EMERALD HOMES, L L C v. 21ST MORTGAGE CORPORATIONDistrict Court of Appeal of Florida · 2019