UNKNOWN TRUSTEE OF THE LEDON FAMILY IRREVOCABLE GIFT TRUST AGREEMENT, ETC.
v.
MORTGAGEIT MORTGAGE LOAN TRUST, ETC.
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A plaintiff may establish the statutory requirements for reestablishing a lost promissory note under Florida Statutes section 673.3091(1) by affidavit or testimony, and need not prove exactly how the note was lost.
[1] A plaintiff may establish the statutory requirements for reestablishing a lost promissory note under Florida Statutes section 673.3091(1) by affidavit or testimony withou…
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Join FLexlaw to unlock all legal intelligence“There is no requirement that [a plaintiff] prove exactly how [it] lost possession of the note . . . .”
Deakter v. Menendez, 830 So. 2d 124, 127 (Fla. 3d DCA 2002)
The Unknown Trustee of The Ledon Family Irrevocable Gift Trust Agreement appealed a circuit court decision in Monroe County involving a mortgage loan …
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Third District Court of Appeal State of Florida
Opinion filed August 7, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-0125 Lower Tribunal No. 17-101-M ________________
Unknown Trustee of The Ledon Family Irrevocable Gift Trust Agreement, etc., Appellant,
vs.
Mortgageit Mortgage Loan Trust, etc., Appellee.
An Appeal from the Circuit Court for Monroe County, James M. Barton, II, Senior Judge.
David J. Winker, P.A., and David J. Winker, for appellant.
DeLuca Law Group, PLLC, and Shawn Taylor (Fort Lauderdale), for appellee.
Before EMAS, LINDSEY and BOKOR, JJ.
PER CURIAM.
2
Affirmed. See Fed. Nat’l Mortg. Ass’n v. Trinidad, 358 So. 3d 754, 759 (Fla. 4th DCA 2023) (explaining that a plaintiff may establish the requirements under section 673.3091(1), Florida Statutes, for reestablishing a lost note “by affidavit or by testimony”); see also Deakter v. Menendez, 830 So. 2d 124, 127 (Fla. 3d DCA 2002) (“There is no requirement that [a plaintiff] prove exactly how [it] lost possession of the note . . . .”).