OPAL BRADSHAW-JACKSON,
v.
BANK OF NEW YORK MELLON, ETC.,
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PER CURIAM.
Affirmed.
See Klein v. Royale Grp., Ltd., 578 So. 2d 394, 395 (Fla. 3d DCA 1991) (“[T]here is nothing in [section 201.08(1), Florida Statutes,] or the case decisions that deny enforceability [of a note or mortgage] merely because the required documentary stamps have been belatedly purchased and affixed.”); Am. Residential Equities LLC v. Saint Catherine Holdings Corp., 306 So. 3d 1057, 1061 n.5 (Fla. 3d DCA 2020) (“We note that because no execution of the judgment occurred until after payment of the stamps was made, the judgment was valid in this regard.”); Wilmington Tr., N.A. v. Serpa, 346 So. 3d 1218, 1220 (Fla. 3d DCA 2022), reh’g denied (Aug. 2, 2022) (remanding with instructions to allow “Wilmington to proceed on the original promissory note and mortgage as well as the loan modification since the record reflects that documentary stamp taxes have since been paid”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cflb Mgmt., LLC v. Mabipa Overseas, S.A. (Fla. 3d DCA 2022)…th Cir. 2018). “A plaintiff making a claim for money lent must show ‘money was delivered to the defendant, the money was intended as a loan, and the loan has not been repaid.’” Am. Residential Equities LLC v. Saint Catherine 3 Holdings Corp., 306 So. 3d 1057, 1060 (Fla. 3d DCA 2020) (quoting Cimaglia, 724 F. App’x at 699). Black’s Law Dictionary defines “loan” as “[a] thing lent for the borrower’s temporary use; esp., a sum of money lent at interest.” Loan, Black's Law Dictionary (11th ed. 2019) (emp…
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The Bank of N.Y. Mellon v. Calvary Chapel Church, Inc. (Fla. 4th DCA 2023)…intiff seeking to foreclose a mortgage must tender the original promissory note to the trial court or seek to reestablish the lost note pursuant to section 673.3091, Florida Statutes.” Am. Residential Equities LLC v. Saint Catherine Holdings Corp., 306 So. 3d 1057, 1059 (Fla. 3d DCA 2020) (quoting Boumarate v. HSBC Bank USA, N.A., 172 So. 3d 535, 536 (Fla. 5th DCA 2015)); see also Sabido, 241 So. 3d at 866 (noting same). Section 673.3091, Florida Statutes (2019), governing reestablishment of lost notes, prov…
Authorities Cited
- Suarez v. State, 578 So. 2d 394 (Fla. 3d DCA 1991)
- Am. Residential Equities LLC v. Saint Catherine Holdings Corp., 306 So. 3d 1057 (Fla. 3d DCA 2020)
- Wilmington Tr., N.A. v. Serpa (Fla. 3d DCA 2022)