THE BANK OF NEW YORK MELLON, AS SUCCESSOR TRUSTEE UNDER NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2005-I, APPELLANT,
v.
MIGUEL REYES, DESIREE REYES AND MICHEL REYES, ET AL., APPELLEES

Fla. 3d DCA | 2013-03-20
No. 3D12-1900
Before WELLS, C.J., and SUAREZ and FERNANDEZ, JJ.
126 So. 3d 304 Florida District Court of Appeal, Third District (2013) Positive Treatment
Cited by 28 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Bank of New York Mellon appealed the denial of its motion to vacate a default judgment that nullified a promissory note. The court reversed, holding that the default judgment was void because it granted relief—nullification of the note—that was not supported by or requested in the underlying counterclaim, which alleged only breach of contract regarding the mortgage, not the note itself.


Holding

The court held that the default judgment was void because it granted relief wholly outside the pleadings. A default judgment can only grant relief supported by the well-pleaded allegations of the counterclaim, and since the counterclaim alleged only breach of contract regarding the mortgage and made no mention of the promissory note, the court had no authority to nullify the note. The court reversed and vacated the judgment.


Headnotes

[1] A default judgment is void when it grants relief wholly outside the pleadings upon which the default was entered.

[2] A court lacks jurisdiction to award relief not requested in the pleadings.

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Key Quotes

“A default judgment: Operates as an admission of the truth of the well pleaded allegations of the pleading, except those concerning damages. It does not admit facts not pleaded, not properly pleaded or conclusions of law. Fair inferences will be made from the pleadings, but forced inference will not be made. The party seeking affirmative relief may not be granted relief that is not supporte[]d by the pleadings or by substantive law applicable to the pleadings.”

Establishes the fundamental principle that default judgments are limited to relief supported by the pleadings and cannot grant relief on matters not pleaded.

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Facts & Procedural History

The Bank filed a foreclosure complaint in April 2009 on a $293,500 promissory note secured by a mortgage. The Reyeses claimed the mortgage had been mo…

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Opinion of the Court
WELLS, Chief Judge.

WELLS, Chief Judge.

The Bank of New York Mellon, as Successor Trustee under Novastar Mortgage Funding Trust 2005-1, appeals from the denial of its Florida Rule of Civil Procedure 1.540(b) motion to set aside a default final judgment nullifying an unpaid promissory note. Because we conclude that the default final judgment is void, we reverse.

This action was commenced on April 28, 2009, when the Bank filed a simple four-page complaint to foreclose a mortgage securing a $293,500 promissory note (Count I) and to reestablish that note (Count II). The borrowers, Miguel and Desiree Reyes, responded to the complaint claiming that the mortgage at issue had been modified in September 2008 and that it was not in default. They also filed a counterclaim alleging that the Bank had breached its contract with them by seeking to foreclose the mortgage and sought to nullify the mortgage:

COUNT I
BREACH OF CONTRACT
42. The Loan Modification Agreement [entered into between the Bank and the Defendants] was drafted by the Plaintiff and/or Plaintiffs attorney-in-fact and agreed to by the parties.
43. Once accepted and all conditions to it were complied [with] by the parties, the Loan Modification Agreement made the mortgage current and not in default.
44. Due to the failure of the Plaintiff to honor the terms of the Loan Modification Agreement and by filing a foreclosure action against the Defendants, the Plaintiff has committed a material breach of the mortgage and the Loan Modification Agreement and as such this material breach has thus nullified the mortgage and Loan Modification Agreement.
45. Plaintiff knew that the mortgage was modified, that the mortgage was not in default and the Plaintiff knew it has no right to foreclose against the Defendants.
46. Defendant has suffered damages and has been required to retain the undersigned law firm for the defense and prosecution of this suit.
WHEREFORE, Defendants] demand[] judgment be made in favor of the Defendants] and that the Plaintiff by filing an action for foreclosure when it knew it did not have the right to do so, materially breached the mortgage and therefore the mortgage is null and void.

The Reyeses sought no relief from the underlying promissory note. A little more than two months after the foreclosure complaint was filed, the Bank moved to voluntarily dismiss and, on December 4, 2009, the court below entered an order “DISMISSING CASE AND CANCELING NOTICE OF LIS PENDENS.”

On February 25, 2010, the Reyeses moved for a default for the Bank’s failure to file a responsive pleading to their counterclaim. The Bank sought to avoid a default claiming confusion over another foreclosure action between these parties pending in another division of the court under a different number and claiming that it had no knowledge of any pending counterclaim in the instant action, a fact it argued was supported by the absence of a counterclaim on the court’s case docket. Concluding that the Reyeses’ counterclaim had been served on the Bank in September 2009 and that no response had been asserted, a default was entered against the *307Bank on the Reyeses’ breach of contract claim.

On February 2, 2011, a final default judgment on the Reyeses’ breach of contract claim was entered. However, that judgment made no mention whatsoever of the mortgage the Reyeses claimed was null and void and instead declared the promissory note executed by the Reyeses “null and void” and obligated the Bank to hold the Reyeses harmless thereon:

FINAL DEFAULT JUDGMENT
This action was heard en banc for Plaintiff/Counter-Defendant’s failure to serve any papers or pleadings as required by the Rules of Civil Procedure in a timely fashion, it is,
ORDERED AND ADJUDGED as follows:
The Note is null and void. The legal liability of the note no longer exists. Should any claim ever be pursued against the Defendants/Counter-Plaintiff on the Note which was the subject of this case, since the note was lost, Bank of New York Mellon .as Successor Trustee of Novastar Funding Trust 2005-1 or any Successor Bank, shall be responsible to hold harmless and indemnify the Defendants/Counter-Plaintiff from any liability should the original appear in the context of another case. This Honorable Court awards the amount of $341.00, in cost and the amount of $3500.00 in attorney fees. The Court reserves jurisdiction to determine reasonable attorney fees and cost.

The Bank subsequently moved to vacate the final judgment under Rule 1.540(b).1 The Bank appeals from denial of that motion and its supplemental filings. Because we conclude that the judgment was void, we reverse.

The judgment entered below was entered on a default. As such, its validity is underpinned on an admission of the truth of the well pleaded allegations asserted in the counterclaim and can find no support in facts not properly pleaded, or as here, not pleaded at all. The default judgment entered below could not, therefore, afford relief not supported by the pleadings:

A default judgment:
Operates as an admission of the truth of the well pleaded allegations of the pleading, except those concerning damages. It does not admit facts not pleaded, not properly pleaded or conclusions of law. Fair inferences will be made from the pleadings, but forced inference will not be made. The party seeking affirmative relief may not be granted relief that is not supporte[]d by the pleadings or by substantive law applicable to the pleadings. A party in a default may rely on these limitations.
Bd. of Regents v. Stinson-Head, Inc., 504 So.2d 1374, 1375 (Fla. 4th DCA 1987) (emphasis added) (quoting H. *308Trawick, Trawick’s Florida Practice and Procedure § 25-4 (1986 ed.)).

Mullne v. Sea-Tech Constr., Inc., 84 So.3d 1247, 1248-49 (Fla. 4th DCA 2012).

The counterclaim at the heart of this matter alleges nothing more than a purported breach by virtue of the Bank having filed an action to foreclose a mortgage that was not in default. Other than a bald assertion that the Bank’s attempt to foreclose was “unconscionable,” no fraud, mistake, undue influence, or other equitable ground that would support rescission of the mortgage modification agreement or the mortgage was alleged. “The rule is well settled in this country that cancellation or rescission will not be granted solely for breach of contract, in the absence of fraud, mistake, undue influence, multiplicity of suits, cloud on title, trust, or some other independent ground for equitable interference.” Int’l Realty Assocs. v. McAdoo, 87 Fla. 1, 99 So. 117, 119 (1924). Since the counterclaim alleges no more than a breach of contract, no rescission, not even rescission of the mortgage agreement and the mortgage itself, could be granted.2

More to the point, because the counterclaim makes no mention of the promissory note secured by the mortgage at issue here and alleges no grounds on which relief from that note might be granted, the court below was without authority to nullify or cancel it. A promissory note is not, of course, a mortgage:

“The promise to pay is one distinct agreement, and, if couched in proper terms, is negotiable. The pledge of real estate to secure that promise is another distinct agreement, which ordinarily is not intended to affect in the least the promise to pay, but only to give a remedy for failure to carry out the promise to pay. The holder of the note may discard the mortgage entirely, and sue and recover on the note.”

Taylor v. Am. Nat’l Bank of Pensacola, 63 Fla. 631, 57 So. 678, 685 (1912) (quoting Thorpe v. Mindeman, 123 Wis. 149, 101 N.W. 417 (1904)). See also Grier v. M.H.C. Realty Corp., 274 So.2d 21, 22 (Fla. 4th DCA 1973) (confirming that suit may be brought on a note without foreclosing a mortgage “as they are distinct agreements” (quoting Taylor, 57 So. at 678)). Thus even if the counterclaim had stated a cause of action for rescission of the mortgage securing payment of the instant note (and it does not), no such claim was asserted as to the promissory note itself,3 thereby depriving the court below of any authority to nullify the note.

*309As our sister court in Mullne recently confirmed in reversing the denial of a Rule 1.540(b) motion, a judgment which grants relief wholly outside the pleadings is void. Mullne, 84 So.3d at 1249 (“The judgment was void ... because the trial court was without jurisdiction to award relief that was not requested by the complaint.”). See also Homestead-Miami Speedway, LLC v. City of Miami, 828 So.2d 411, 413 (Fla. 3d DCA 2002) (confirming that courts are not authorized to grant relief not requested in the pleadings); Cardinal Inv. Gp., Inc. v. Giles, 813 So.2d 262, 263 (Fla. 4th DCA 2002) (“[Cjourts are not authorized to grant relief not requested in the pleadings.”). Because the judgment below grants relief wholly outside the pleadings on which the default was entered, it is void and should have been vacated by the court below.

The order entered below denying the Bank’s 1.540(b) motion and its supplements is therefore reversed and the default final judgment is hereby vacated with instructions to the court below to determine whether the Reyeses are entitled to any damages and, if so, in what amount.4


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (17 total)

  • Wachovia Mortg. Corp. v. Posti, 166 So. 3d 944 (Fla. 4th DCA 2015)
    …o. 2d 790, 791 (Fla. 4th DCA 1989) (citation omitted); see also Mullne v. Sea-Tech Constr. Inc., 84 So. 3d 1247, 1249 (Fla. 4th DCA 2012). Thus, “a judgment which grants relief wholly outside the pleadings is void.” Bank of New York Mellon v. Reyes, 126 So. 3d 304, 309 (Fla. 3d DCA 2013). Further, granting relief which was neither requested by appropriate pleadings, nor tried by consent, is a violation of due process. Brickell [*946] Station Towers, Inc. v. JDC (Am.) Corp., 549 So. 2d 203, 203 (Fla. 3d DCA 19…
  • Fed. Home Loan Mortg. Corp. v. Beekman, 174 So. 3d 472 (Fla. 4th DCA 2015)
    …also Homestead-Miami Speedway, LLC v. City of Miami, 828 So. 2d 411, 413 (Fla. 3d DCA 2002); Pond v. McKnight, 339 So. 2d 1149 (Fla. 2d DCA 1976). “[A] judgment which grants relief wholly outside the pleadings is void.” Bank of N.Y. Mellon v. Reyes, 126 So. 3d 304, 309 (Fla. 3d DCA 2013). An exception to the rule requiring relief to be pled is if the issue is tried by consent of the parties. “When issues not raised by the pleadings are tried by express or implied consent, they shall be treated in all respect…
  • Vives v. Wells Fargo Bank, N.A., 128 So. 3d 9 (Fla. 3d DCA 2012)
    …action. I disagree. Ms. Vives moved for attorney fees based not upon the fee provision in the mortgage, but rather a fee provision2 in the promisso [*17] ry note, which the mortgage secured. There is a difference. Bank of New York Mellon v. Reyes, 126 So. 3d 304, 308 (Fla. 3d DCA Mar. 20, 2013) (citing Taylor v. Am. Nat’l Bank of Pensacola, 63 Fla. 631, 57 So. 678 (1912) (quoting Thorpe v. Mindeman, 123 Wis. 149, 101 N.W. 417, 420 (Wis.1904) (“The promise to pay is one distinct agreement, and, ... [t]he ple…

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