Legal Opinion
Federal Home Loan Mortgage Corporation v. James Beekman
District Court of Appeal of Florida
Decided August 19, 2015No. 4D13-4086PublishedCited by 11 opinions
1Opinion of the CourtForst, J.
Appellant Federal Home Loan Mortgage Company appeals the trial court’s entry of an order granting a loan modification to Appellee/Cross-Appellant James Beekman (“Borrower”). 1 Appellant asserts the issue of loan modification was neither requested in Borrower’s pleadings nor tried by consent. Because we agree with Appellant’s arguments, we accordingly reverse the trial court’s decision.
Background
In 2005, Borrower executed a note and home mortgage agreement. Ultimately, Appellant became the holder of the note. When Borrower ceased making payments on the mortgage, Appellant filed a foreclosure…
2Cases cited14 opinions
- PNC Bank, N.A. v. Progressive Employer Services IIDistrict Court of Appeal of Florida · 2011
- Bank of New York Mellon v. ReyesDistrict Court of Appeal of Florida · 2013
- Smith v. MogelvangDistrict Court of Appeal of Florida · 1983
- LRX, INC. v. Horizon Associates Joint VentureDistrict Court of Appeal of Florida · 2003
- Feldman v. KritchDistrict Court of Appeal of Florida · 2002
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- RICHARD DEROUIN & KIM DEROUIN v. UNIVERSAL AMERICAN MORTGAGE COMPANY, LLCDistrict Court of Appeal of Florida · 2018
- MARLYN TRACEY v. WELLS FARGO BANK N. A.District Court of Appeal of Florida · 2019
- CITIGROUP MORTGAGE LOAN TRUST, ETC v. SHARON SCIALABBADistrict Court of Appeal of Florida · 2018
- Jahangiri v. 1830 North BayshoreDistrict Court of Appeal of Florida · 2018
- ANCHOR PROPERTY & CASUALTY INSURANCE COMPANY v. ALEX TRIF and GEORGE TRIFDistrict Court of Appeal of Florida · 2021
6 more not listed; retrieve them via the Exa API.