Legal Opinion

Markland v. Bank of New York Mellon

District Court of Appeal of Florida

Decided December 21, 2016No. 4D15-4269PublishedCited by 2 opinions

1Per curiam

Bazel Markland and Annette Hamilton (“the Borrowers”) challenge the final judgment of foreclosure entered after trial. They argue that the appellee bank (“the Bank”) failed to prove its standing to bring suit and damages. We find no merit in the argument that standing was not established and affirm without discussion. However, we agree with the assertion that damages were not proven, and we write to explain why we are remanding for further proceedings.

During trial, the Bank relied on the loan payment history and an exhibit referred to as the “judgment figures exhibit” to establish its…

2Cases cited3 opinions

  1. Wolkoff v. American Home Mortgage Servicing, Inc.District Court of Appeal of Florida · 2014
  2. Harutyun Hovannesian v. Pennymac Corp. and Teni HovannesianDistrict Court of Appeal of Florida · 2016
  3. Iain and Natasha McMillan v. The Bank of New York MellonDistrict Court of Appeal of Florida · 2015

3Cited by2 opinions

  1. Diane Bass v. Bank of America, N.A.District Court of Appeal of Florida · 2025
  2. Michael Newman, as Personal Representative of the Estate of Joel Newman, and Edith Newman v. American Home Assurance Company, Inc.District Court, S.D. Florida · 2026

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