Legal Opinion

Brian and Cynthia Poag v. Nationstar Mortgage, LLC

District Court of Appeal of Florida

Decided August 11, 2016No. 1D15-2464PublishedCited by 2 opinions

1Per curiam

Brian and Cynthia Poag appeal a final judgment reestablishing a lost note in favor of Nationstar Mortgage, LLC. The Poags' argue that Nationstar failed to prove reestablishment of the lost note under section 673.3091, Florida Statutes (2014). Because the evidence was insufficient to support reestablishment of the lost note, we reverse the final judgment.

The Poags, executed a promissory note on October 14, 2005, in favor of Na-tionstar. On September 18, 2012, Nations-tar filed a complaint to reestablish a lost note under section'673.3091, Florida Statutes, and for foreclosure on the rhortgage…

2Cases cited3 opinions

  1. Correa v. U.S. Bank National Ass'nDistrict Court of Appeal of Florida · 2013
  2. Seidler v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2015
  3. Blitch v. Freedom Mortgage Corp.District Court of Appeal of Florida · 2016

3Cited by2 opinions

  1. Frank Certo and Muriel Certo v. The Bank of New York Mellon F/K/A etc.District Court of Appeal of Florida · 2019
  2. KARLA RODRIGUEZ v. WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE FOR STANWICH MORTGAGE LOAN TRUST ADistrict Court of Appeal of Florida · 2018

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