Legal Opinion

Iain and Natasha McMillan v. The Bank of New York Mellon

District Court of Appeal of Florida

Decided December 2, 2015No. 4D14-514PublishedCited by 7 opinions

1Opinion of the CourtKlingensmith, J.

Iain and Natasha^ McMillan (“appellants”) appeal the trial court’s final judgment of foreclosure in favor of The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for the Certificate. Holders of CWALT, Inc., Alternative Loan Trust 2006-J8, Mortgage Pass-Through Certificates, Series 2006-J8 (the “bank”). We affirm on all issues save one; namely, whether testimony from the bank’s witness regarding certain amounts due and owing were proved by competent, substantial evidence. On that issue, we agree with appellants and remand. ''

During the trial, the bank called a witness employed…

2Cases cited4 opinions

  1. Wolkoff v. American Home Mortgage Servicing, Inc.District Court of Appeal of Florida · 2014
  2. Natacha Peuguero and Angelo Peuguero v. Bank of America, N.A.District Court of Appeal of Florida · 2015
  3. Sas v. Federal National Mortgage Ass'nDistrict Court of Appeal of Florida · 2013
  4. Brian M. Beauchamp v. The Bank of New York Trust CompanyDistrict Court of Appeal of Florida · 2014

3Cited by7 opinions

  1. MARLYN TRACEY v. WELLS FARGO BANK N. A.District Court of Appeal of Florida · 2019
  2. Harutyun Hovannesian v. Pennymac Corp. and Teni HovannesianDistrict Court of Appeal of Florida · 2016
  3. Ottawa Properties 2 LLC v. Central Mortgage Co.District Court of Appeal of Florida · 2016
  4. Markland v. Bank of New York MellonDistrict Court of Appeal of Florida · 2016
  5. Diane Bass v. Bank of America, N.A.District Court of Appeal of Florida · 2025

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