JORG M. RIVERA, APPELLANT,
v.
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P., APPELLEE

Fla. 5th DCA | 2016-05-13
No. 5D13-1618
LAWSON, C.J. and PALMER, JJ., concur.
190 So. 3d 267 Florida District Court of Appeal, Fifth District (2016) Positive Treatment
Cited by 11 cases
Topics
Judicial Notice

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Opinion of the Court
EDWARDS, J.

EDWARDS, J.

While this appeal was pending before this court, the Appellant, Jorg Rivera, filed for bankruptcy relief. Relevant bankruptcy pleadings and orders were filed with this court, and we granted Appellee’s, Bank of America N.A., Successor by Merger to BAC Home Loans Servicing, L.P., f/k/a, Countrywide Home Loans Servicing,L.P., request to take judicial notice of those documents. In the bankruptcy proceeding, Appellant admitted that he owed a non-contingent, undisputed mortgage debt to Appellee, and he surrendered the mortgaged property to Appellee. The bankruptcy court entered its order confirming the ■ debt and surrender of the property. See In re Metzler, 530 B.R. 894, 900 (Bankr.M.D.Fla.2015) (“In the. context of Bankruptcy Code §§ 521 and 1325, the Court concludes- the term [“surrender”] means that a-debtor must relinquish secured property and make- it available to the secured creditor by refraining from taking any overt act that impedes a- secured creditor’s ability to foreclose its interest in secured property.”). Appellant’s áctions and the orders of-the bankruptcy court have fully resolved this matter. •

APPEAL DISMISSED.'

LAWSON, C.J. and PALMER, JJ., concur.

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  • Clay Cnty. Land Tr. v. HSBC Bank USA, 219 So. 3d 1015 (Fla. 1st DCA 2017)
    …see also In re Metzler, 530 B.R. 894, 899 (Bankr. M.D. Fla. 2015) (holding that the term “surrender” means “not taking an overt act to prevent the secured creditor from foreclosing its interest in the secured property”); Rivera v. Bank of Am., N.A., 190 So. 3d 267, 267 (Fla. 5th DCA 2016) (dismissing the appeal, noting that the appellant admitted in the bankruptcy proceeding that he owed a mortgage debt to the appellee and the bankruptcy court entered an order confirming the debt and “surrender” of the proper…
  • Fischer v. H S B C Bank U S a, 257 So. 3d 512 (Fla. 2d DCA 2018)
  • Sayles v. Nationstar Mortg., LLC, 268 So. 3d 723 (Fla. 4th DCA 2018)

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