JEAN R. LOLLI
v.
SUNTRUST BANK
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A lender cannot include costs in a foreclosure judgment that were not proven at trial, and the trial court must remove such items on remand without allowing the lender to present new evidence.
[1] A final judgment of foreclosure may be reversed in part and remanded for exclusion of items not supported by evidence presented at trial.
[2] A party seeking to recover title search expenses, attorney's fees, court costs, service of summons, and property registration fees in a foreclosure action must present ev…
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Join FLexlaw to unlock all legal intelligence“absent exceptional circumstances, a party that fails to prove its case at trial does not get a second bite at the apple on remand”
Court's application of foreclosure remand procedure, citing Tracey v. Wells Fargo Bank, N.A.
SunTrust Bank foreclosed on Lolli's property and obtained a final judgment that included title search expenses, attorney's fees, court costs, service …
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PER CURIAM.
Jean Lolli appeals from a final judgment of foreclosure in favor of SunTrust Bank. We affirm without comment in all but one respect. In its computation of the amount due under the promissory note and mortgage, the final judgment includes items for title search expenses, attorney's fees, court costs, service of summons, and property registration. SunTrust offered no evidence with respect to any of these items at trial, and it properly concedes that the evidence was insufficient to support their inclusion in the judgment. Accordingly, we reverse the final judgment to that limited extent and remand with instructions to the trial court to enter an amended final judgment that excludes those items. See Tracey v. Wells Fargo Bank, N.A., 264 So. 3d 1152, 1162-66 (Fla. 2d DCA 2019) (reconciling this court's remand instructions in foreclosure cases and holding that absent exceptional circumstances, a party that fails to prove its case at trial does not get a second bite at the apple on remand).
Affirmed in part; reversed in part; remanded with instructions.
SALARIO, J., and CASE, JAMES R., ASSOCIATE SENIOR JUDGE, Concur. ATKINSON, J., Concurs in result only.
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Marlyn Tracey v. Wells Fargo Bank, 264 So. 3d 1152 (Fla. 2d DCA 2019)