Legal Opinion

Arturo Cardona and Aida Palomino v. Nationstar Mortgage, LLC

District Court of Appeal of Florida

Decided August 19, 2015No. 4D14-1609PublishedCited by 3 opinions

1Opinion of the CourtMay, J.

The homeowners appeal a final judgment of foreclosure. They argue the trial court erred in allowing the bank’s witness to testify about the content of business records not introduced into evidence, and in finding the bank proved standing. We agree with the homeowners on the first issue and reverse.

In an amended complaint, the bank alleged it was the holder of the note. The same copy of the mortgage, note, and al-longe attached to the original complaint were attached to the amended complaint. The bank also attached a corporate assignment of the mortgage to the bank, dated June 27, 2012.

In…

2Cases cited4 opinions

  1. Cayea v. Citimortgage, Inc.District Court of Appeal of Florida · 2014
  2. Sas v. Federal National Mortgage Ass'nDistrict Court of Appeal of Florida · 2013
  3. Brian M. Beauchamp v. The Bank of New York Trust CompanyDistrict Court of Appeal of Florida · 2014
  4. Hayes v. Wal-Mart Stores, Inc.District Court of Appeal of Florida · 2006

3Cited by3 opinions

  1. Helton v. Bank of America, N.A.District Court of Appeal of Florida · 2016
  2. Linde v. LindeDistrict Court of Appeal of Florida · 2016
  3. Jermaine Henderson v. State of FloridaDistrict Court of Appeal of Florida · 2026

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