Legal Opinion

Esperanza Robelto and Yonis Robelto v. U.S. Bank Trust, N.A.

District Court of Appeal of Florida

Decided May 4, 2016No. 4D14-4721Published

1Opinion of the CourtWarner, J.

Homeowners challenge the trial court’s final judgment of foreclosure, contending that the appellee failed to prove the necessary elements to reestablish a lost note. The evidence proved that the note was last in possession of Wells Fargo, but the ap-pellee did not establish Wells Fargo’s possession or, if it had possession, its connection to the appellee or its predecessors in title. We agree the appellee did not establish the requirements to reestablish the lost note and reverse.

HSBC Mortgage Services filed a mortgage foreclosure proceeding against Homeowners in 2008 based upon the…

2Cases cited4 opinions

  1. Booker v. Sarasota, Inc.District Court of Appeal of Florida · 1998
  2. Guerrero v. Chase Home Finance, LLC.District Court of Appeal of Florida · 2012
  3. Seidler v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2015
  4. Kimberly A. Ensler v. Aurora Loan Services, LLCDistrict Court of Appeal of Florida · 2015

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