Legal Opinion

Kuehlman v. Bank of America, N.A.

District Court of Appeal of Florida

Decided October 30, 2015No. 5D14-2131PublishedCited by 7 opinions

1Per curiam

William Von Kuehlman (“Borrower”) timely appeals a Final Judgment of Foreclosure in favor of Bank of America, N.A. (“Lender”).1 He raises five arguments, all of which rest on this Court’s legal determination of whether he entered into a valid modification of his mortgage. We agree that he did, and reverse the final judgment — which was premised upon the erroneous conclusion that the parties did not agree to modify the mortgage.

The following facts were established at trial by Lender’s representative and are not disputed. Lender offered Borrower a modification and the terms of the offer…

2Cases cited1 opinion

  1. Grant v. LyonsDistrict Court of Appeal of Florida · 2009

3Cited by7 opinions

  1. Nowlin v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2016
  2. Bank of N.Y. Mellon v. BloedelDistrict Court of Appeal of Florida · 2018
  3. JONATHAN ROUFFE and RACHEL PEARL a/k/a RACHEL ROUFFE v. CITIMORTGAGE, INC.District Court of Appeal of Florida · 2018
  4. COREY MCINTOSH v. U.S. BANK NATIONAL ASSOCIATION, etc.District Court of Appeal of Florida · 2023
  5. MTGLQ INVESTORS, LP v. SILVIA LEONES a/k/a SILVIA LENEONESDistrict Court of Appeal of Florida · 2021

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