BAZEL MARKLAND AND ANNETTE HAMILTON, APPELLANTS,
v.
THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-BC2; SEARS ROEBUCK AND CO.; TEMPEST RECOVERY SERVICES, INC., A CORPORATION AS SERVICING AGENT FOR AUTONATION FINANCIAL SERVICES CORP.; UNKNOWN PARTIES IN POSSESSION #1, IF LIVING, AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER AND AGAINST THE ABOVE NAMED DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSE, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS; UNKNOWN PARTIES IN POSSESSION #2, IF LIVING, AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER AND AGAINST THE ABOVE NAMED DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSE, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS, APPELLEES

Fla. 4th DCA | 2016-12-21
No. 4D15-4269
Ciklin, C.J., May and Damoorgian, JJ., concur.
206 So. 3d 719 Florida District Court of Appeal, Fourth District (2016) Positive Treatment
Cited by 1 case

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

Borrowers appealed a foreclosure judgment, challenging the bank's standing and proof of damages. The court affirmed the finding of standing but reversed the damages award, finding insufficient evidence to support the amounts awarded for interest, escrow, insurance, taxes, and corporate advances.


Holding

The court affirmed that the Bank established standing without discussion. However, the court reversed the damages award, finding that the Bank failed to adequately prove the amounts owed for accrued interest, escrow, insurance, taxes, and corporate advances, and remanded for further proceedings to establish these amounts.


Headnotes

[1] A bank's standing to bring a foreclosure suit may be established by evidence presented during trial.

[2] A final judgment of foreclosure must be supported by sufficient evidence proving all components of the indebtedness, including principal, interest, escrow, insurance, tax…

Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“The loan payment history does not clearly reflect the amounts due for the other items provided for in the final judgment. The amounts contained in the judgment figures exhibit for principal balance and interest match the amounts awarded in the final judgment. However, the amounts for escrow, insurance, taxes, and corporate advances differ from the amounts provided for in the final judgment.”

Establishes the factual discrepancies between the exhibits and the final judgment that prevented proof of damages.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

The Bank brought a foreclosure action against borrowers Markland and Hamilton. At trial, the Bank relied on a loan payment history and a 'judgment fig…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
Per Curiam.

Per 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 damages. The loan payment history reflects an ending principal balance of $208,073.49, the amount that was awarded in the final judgment for principal. It does not clearly reflect the amounts due for the other items provided for in the final judgment. The amounts contained in the judgment figures exhibit for principal balance and interest match the amounts awarded in the final judgment. However, the amounts for escrow, insurance, taxes, and corporate advances differ from the amounts provided for in the final judgment. The Bank’s witness testified that the interest was calculated in the Bank’s recordkeeping system using an adjustable rate. However, contrary to this testimony, the judgment figures exhibit and the final judgment utilized a fixed rate to calculate interest.

Additionally, the loan payment history— which we find to have been properly admitted—was not self-explanatory as to those other amounts, and the witness did not explain how those amounts were gleaned from the loan payment history.

Under these circumstances, we reverse and remand for further proceedings to establish the amounts owed for accrued interest, escrow, insurance, taxes, and corporate advances. See Hovannesian v. Penny Mac Corp., 190 So.3d 681, 681-82 (Fla. 4th DCA 2016) (reversing and remanding for further proceedings on damages where payment history established principal balance, taxes, and insurance premiums, but not interest, attorney’s fees, and other miscellaneous expenses awarded in the final judgment); McMillan v. Bank of New York Mellon, 180 So.3d 1090, 1091-92 (Fla. 4th DCA 2016) (affirming the foreclosure judgment, but reversing as to the amounts in the final judgment where there was *721evidence, albeit inadmissible, supporting the amount of indebtedness).1

Affirmed in part, reversed in part, and remanded for farther proceedings.

Ciklin, C.J., May and Damoorgian, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw