ESTATE OF RICHARD J. CARAVETTA
v.
THE BANK OF NEW YORK MELLON
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Errors in legal descriptions of property contained in deeds or mortgages existing prior to entry of final judgment cannot be remedied by amending or correcting the final judgment.
[1] Errors in legal descriptions of property contained in deeds or mortgages existing prior to entry of final judgment cannot be remedied by amending or correcting the final…
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Join FLexlaw to unlock all legal intelligence“errors in the legal description of property, contained in a deed or mortgage existing prior to entry of the final judgment, cannot be remedied by simply amending or correcting the final judgment”
Court's statement of the governing legal principle from Baker v. Courts at Bayshore I Condo. Ass'n, Inc.
The Estate of Richard J. Caravetta appealed a circuit court judgment against The Bank of New York Mellon involving a property legal description error.…
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PER CURIAM.
Affirmed. See Baker v. Courts at Bayshore I Condo. Ass’n, Inc., 279 So. 3d 799, 801-02 (Fla. 3d DCA 2019) (“We recognize those decisions holding that errors in the legal description of property, contained in a deed or mortgage existing prior to entry of the final judgment, cannot be remedied by simply amending or correcting the final judgment. However, those decisions are distinguishable because in the present case, the error in the legal description occurred upon entry of the final judgment itself, and did not exist in a deed or mortgage (or other document conveying or encumbering the property) prior to entry of the final judgment.”) (citations and footnotes omitted); see also Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“Without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclude that the trial court's judgment is not supported by the evidence or by an alternative theory. Without knowing the factual context, neither can an appellate court reasonably conclude that the trial judge so misconceived the law as to require reversal.”).
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Refaie v. Bayview Loan Servicing (Fla. 2d DCA 2021)…the legal description of a property, contained in a deed or mortgage existing prior to entry of the final judgment of foreclosure, cannot be remedied by simply amending or correcting the final judgment." Baker v. Courts at Bayshore I Condo. Ass'n, 279 So. 3d 799, 801 (Fla. 3d DCA 2019); see also Lucas v. Barnett Bank of Lee Cnty., 705 So. 2d 115, 116 (Fla. 2d DCA 1998) (explaining that an incorrect legal description that is not corrected before entry of the final judgment of foreclosure and which is carried…