Legal Opinion

Edgar Braga v. Fannie Mae ("Federal National Mortgage Association")

District Court of Appeal of Florida

Decided April 6, 2016No. 4D14-1809PublishedCited by 3 opinions

1Per curiam

We reverse the final judgment of foreclosure because the plaintiff failed to prove that an undated indorsement in blank was placed on an allonge prior to filing the original complaint.

CitiMortgage, Inc., filed a foreclosure action against Appellant. Attached to the complaint was a copy of the promissory note, which contained a stamp on the signature page indicating that an allonge was attached. However, no copy of the allonge was included with the complaint. An amended complaint was later filed, substituting Fannie Mae as the named plaintiff and including a copy of the allonge, which…

2Cases cited4 opinions

  1. McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
  2. Alva Sosa and Alex Amador v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2014
  3. Sherman Balch and Annmarie Balch v. LaSalle Bank N.A.District Court of Appeal of Florida · 2015
  4. Selva Adriana Calvo and Marcos Fabian Calvo v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2015

3Cited by3 opinions

  1. Green Tree Servicing LLC v. SankerDistrict Court of Appeal of Florida · 2016
  2. Robert K. Walton v. Deutsche Bank National Trust Co., etc.District Court of Appeal of Florida · 2016
  3. Robert K. Walton v. Deutsche Bank National Trust Co., etc.District Court of Appeal of Florida · 2016

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