BRIAN M. BEAUCHAMP, APPELLANT,
v.
THE BANK OF NEW YORK, TRUST COMPANY, N.A., AS SUCCESSOR TO JP MORGAN CHASE BANK, N.A. AS TRUSTEE, APPELLEE

Fla. 4th DCA | 2014-10-15
No. 4D13-3841
LEVINE and KLINGENSMITH, JJ., concur.
150 So. 3d 827 Florida District Court of Appeal, Fourth District (2014) Positive Treatment
Cited by 30 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

In this foreclosure appeal, the court found that the trial court erred by admitting inadmissible hearsay testimony regarding the amount of debt owed on the mortgage note without the underlying business records being introduced into evidence. The court reversed in part and remanded for a new determination of the debt amount, holding that the mortgagor's right of redemption—which depends on knowing the exact debt amount—was a substantial right adversely affected by the error.


Holding

The court held that the erroneous admission of hearsay testimony was not harmless error. Although Beauchamp is not personally liable for the debt, he signed the mortgage and retains a right of redemption that allows him to prevent foreclosure by paying the amount specified in the judgment. Therefore, proof of the debt amount is essential to Beauchamp's substantial rights, and the judgment of foreclosure must be affirmed but remanded to properly establish the amount due.


Headnotes

[1] Hearsay testimony regarding the contents of business records is inadmissible if the business records themselves are not admitted into evidence.

[2] Erroneous admission of hearsay testimony regarding the amount of debt owed in a foreclosure action is not harmless error when the mortgagor has a right of redemption.

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Key Quotes

“While Beauchamp would not be responsible for any deficiency that remained after the sale of the property, he did sign the mortgage, and the final judgment would foreclose his ownership rights by a judicial sale. As the mortgagor, Beauchamp has a right of redemption wherein he may prevent divestiture of his legal title upon payment of the amount of the debt specified in the judgment.”

Establishes that despite not signing the note, the mortgagor's redemption right is a substantial right that depends on proof of the debt amount.

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Facts & Procedural History

Beauchamp and Lois Taylor executed a mortgage in 2002; only Taylor signed the note. Taylor subsequently passed away. In 2007, the Bank initiated forec…

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Opinion of the Court
CONNER, J.

CONNER, J.

Brian Beauchamp appeals the trial court’s final judgment of foreclosure in favor of the Bank of New York (“the Bank”). Although Beauchamp lodges several challenges to the final judgment, we find merit in only one of his arguments. Beauchamp argues that the trial court erred in admitting hearsay testimony as to the amount of debt owed under the note in connection with the contents of a business record without having the business record admitted into evidence. Without inadmissible hearsay, Beauchamp asserts that there was no evidence to establish the amount due on the note. We agree and reverse for further proceedings.

The mortgage was executed by Beau-champ and Lois Taylor in 2002. The note was executed only by Lois Taylor, who subsequently passed away. In 2007, the Bank initiated a foreclosure action against Beauchamp and the matter proceeded to a non-jury trial in 2012.

At the conclusion of the Bank’s case, Beauchamp moved for an involuntary dismissal, arguing that there was no evidence as to the amount of debt owed on the note. The trial court permitted the Bank to reopen its case in order to provide such evidence. The Bank presented testimony from a representative of GMAC Mortgage, the servicer of the loan. The witness testified about the amount due under the note over the objection of Beauchamp’s counsel, who argued that the testimony was inadmissible hearsay because the testimony concerned the contents of business records which had not been introduced into evi*828dence. The trial court overruled the objection and, at the conclusion of the case, entered final judgment of foreclosure in favor of the Bank.

On rehearing, the Bank conceded that the trial court erred in admitting hearsay testimony as to the amount of damages in connection with the contents of a business record without having the business record admitted into evidence. However, the parties disagreed as to what the court should do about the error. Beauchamp argued that the case should be dismissed, while the Bank asserted that the court could remand for further proceedings to properly establish the amount due under the note. Alternatively, the Bank maintained that because Beauchamp had not signed the note and was therefore not liable for any money damages, the appropriate course of action would be to allow the foreclosure to proceed without further evidentiary proceedings, because the proceeding was in rem as to Beauchamp. Apparently agreeing with the alternative argument, the trial court stated that it was “sitting in the court of equity” and denied Beauchamp’s motion for involuntary dismissal.

On appeal, the Bank argues that even if the trial court erred in permitting hearsay testimony regarding the amount due under the note, such error was harmless and is not grounds for a new trial unless a sub-stantiál right of a party was adversely affected. See Bulkmatic Transp. Co. v. Taylor, 860 So.2d 436, 447-48 (Fla. 1st DCA 2003); § 90.104(1), Fla. Stat. (2013). The Bank reasons that because Beau-champ did not sign the note, he is not hable for paying any money judgment, and as such, the error did not adversely affect Beauchamp’s substantial rights.

We agree with Beauchamp that the erroneous admission of the hearsay testimony as to damages was not made harmless by virtue of Beauchamp’s non-liability for payment of the note. While Beauchamp would not be responsible for any deficiency that remained after the sale of the property, he did sign the mortgage, and the final judgment would foreclose his ownership rights by a judicial sale. As the mortgagor, Beauchamp has a right of redemption wherein he may prevent divestiture of his legal title upon payment of the amount of the debt specified in the judgment. CCC Props., Inc. v. Kane, 582 So.2d 159, 161 (Fla. 4th DCA 1991); § 45.0315, Fla. Stat. (2013).1 Therefore, even though Beau-champ is not personally liable for the debt, the amount of the debt owed is important as it relates to Beauchamp’s right of redemption, specifically as to the amount due under the judgment in order to exercise his right to stop the foreclosure sale.

Thus, the Bank’s failure to provide admissible evidence that would establish the proper amount due on the note was not harmless error. Rather, proof of the amount of debt owed was required to allow the foreclosure, and Beauchamp’s ownership rights and right of redemption are *829substantive rights that were adversely affected by the error.

We affirm the judgment of foreclosure, except as to the amount due under the note, and remand the case for further proceedings to determine that amount. See Sas v. Fed. Nat’l. Mortg. Ass’n, 112 So.3d 778 (Fla. 2d DCA 2013) (affirming final judgment, but reversing and remanding for further proceedings to determine the amount of the debt owed where testimony from Fannie Mae’s representative regarding the amount of the debt was inadmissible hearsay because the representative testified about business records that were not submitted into evidence).2

Affirmed in part; reversed in part; remanded for further proceedings consistent with this opinion.

LEVINE and KLINGENSMITH, JJ., concur.


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Citator

Cited By (15 total)

  • Natacha Peuguero and Angelo Peuguero v. Bank OF Am., N.A., 169 So. 3d 1198 (Fla. 4th DCA 2015)
    …ith instructions to enter an involuntary dismissal, 153 So. 3d at 283, the Sas court remanded the case for further proceedings to establish the amounts owed. 112 So. 3d at 780. We addressed the Wolkoff/Sas dichotomy in Beauchamp v. Bank of New York, 150 So. 3d 827 (Fla. 4th DCA 2014). In choosing remand rather than reversal, we noted [*1204] [t]he facts of the instant ease are more similar to Sas than Wolkoff because here, like the plaintiff in Sas, the Bank established the amount of indebtedness through witn…
  • Colson v. State Farm Bank, 183 So. 3d 1038 (Fla. 2d DCA 2015)
    …It is only by virtue of a motion to dismiss or motion for directed verdict that this court could direct dismissal on remand. See, e.g., Burdeshaw v. Bank of N.Y. Mellon, 148 So. 3d 819, 826-27 (Fla. 1st DCA 2014). But see Beauchamp v. Bank of N.Y., 150 So. 3d 827 (Fla. 4th DCA 2014) (affirming judgment of foreclosure except as to amount due under note and remanding for further proceedings where defendant had filed a motion for involuntary dismissal). It is undisputed that State Farm established it had stand…
  • …the amount of the debt owed because it related to appellant’s right of redemption, i.e., how much appellant would have to pay under the judgment in order to exercise its right to stop the foreclosure sale. Beauchamp v. Bank of N.Y., Trust Co., N.A., 150 So. 3d 827 (Fla. 4th DCA 2014). Accordingly, we affirm the judgment of foreclosure except as to the amount due under the note and remand for further proceedings to determine that amount. Id. AFFIRMED in part; REVERSED in part; and REMANDED for further proceed…

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