Notes of Decisions
Brian & Cynthia Poag v. Nationstar Mortg., LLC, 198 So. 3d 1002 (Fla. 1st DCA 2016).
· cites it 35× “The Poags argue that Nationstar failed to prove reestablishment of the lost note under section 673.3091, Florida Statutes (2014).”
Deakter v. Menendez, 830 So. 2d 124 (Fla. 3d DCA 2002).
· cites it 8× “Entitlement to Sue on a Lost Note We first address the trial court's ruling that "the plaintiff could not demonstrate his entitlement to enforce a lost note under Florida Statute § 673.3091 because Plaintiff is unable to show (i) he was in possession of the alleged instrument…”
Beaumont v. Bank of New York Mellon, 81 So. 3d 553 (Fla. 5th DCA 2012).
· cites it 7× “See § 673.3091, Fla. Stat. (2010). This required Mellon to show it was entitled to enforce the note when it lost the instrument, or that it directly or indirectly acquired ownership from a person who was *555 entitled to enforce the instrument when loss of possession occurred.”
Correa v. U.S. Bank Nat'l Ass'n, 118 So. 3d 952 (Fla. 2d DCA 2013).
· cites it 12× “For the requirements to reestablish a lost note we look to section 673.3091, Florida Statutes (2007).”
Houk v. PennyMac Corp., 210 So. 3d 726 (Fla. 2d DCA 2017).
· cites it 5× “is entitled to enforce the instrument, but has lost'the Mortgage Note pursuant to Florida Statutes § 673.3091. In paragraph 25 of Count II, PennyMac alleged, in pertinent part: “Plaintiff was in possession of the Note and entitled to enforce it when loss of possession occurred…”
Seidler v. Wells Fargo Bank, N.A., 179 So. 3d 416 (Fla. 1st DCA 2015).
· cites it 9× “A finding that a lost note is reestablished, under section 673.3091, Florida Statutes, is reversible upon the appellate court’s deter-, mination of a failure of proof.”
Wolkoff v. Am. Home Mortg. Servicing, Inc., 153 So. 3d 280 (Fla. 2d DCA 2014).
· cites it 3× “In Correa , the bank failed to present evidence of the terms of a lost note under section 673.3091(2), Florida Statutes (2007), or its right to enforce the lost note under section 673.”
Fed. Nat'l Mortg. Ass'n v. McFadyen, 194 So. 3d 418 (Fla. 3d DCA 2016).
· cites it 5× “The motion was granted with-the trial court finding that Fannie Mae “did not satisfy the requirements of Fla. Stat. 673.3091 to enforce-the lost, destroyed or stolen Note.”
— 673.3091(1) — 21 cases
Deakter v. Menendez, 830 So. 2d 124 (Fla. 3d DCA 2002).
“Entitlement to Sue on a Lost Note We first address the trial court's ruling that "the plaintiff could not demonstrate his entitlement to enforce a lost note under Florida Statute § 673.3091 because Plaintiff is unable to show (i) he was in possession of the alleged instrument…”
Beaumont v. Bank of New York Mellon, 81 So. 3d 553 (Fla. 5th DCA 2012).
“See § 673.3091, Fla. Stat. (2010). This required Mellon to show it was entitled to enforce the note when it lost the instrument, or that it directly or indirectly acquired ownership from a person who was *555 entitled to enforce the instrument when loss of possession occurred.”
— 673.3091(1)(a) — 13 cases
Seidler v. Wells Fargo Bank, N.A., 179 So. 3d 416 (Fla. 1st DCA 2015).
“A finding that a lost note is reestablished, under section 673.3091, Florida Statutes, is reversible upon the appellate court’s deter-, mination of a failure of proof.”
— 673.3091(1)(b) — 5 cases
Deakter v. Menendez, 830 So. 2d 124 (Fla. 3d DCA 2002).
“Entitlement to Sue on a Lost Note We first address the trial court's ruling that "the plaintiff could not demonstrate his entitlement to enforce a lost note under Florida Statute § 673.3091 because Plaintiff is unable to show (i) he was in possession of the alleged instrument…”
Correa v. U.S. Bank Nat'l Ass'n, 118 So. 3d 952 (Fla. 2d DCA 2013).
“For the requirements to reestablish a lost note we look to section 673.3091, Florida Statutes (2007).”
— 673.3091(1)(c) — 4 cases
Deakter v. Menendez, 830 So. 2d 124 (Fla. 3d DCA 2002).
“Entitlement to Sue on a Lost Note We first address the trial court's ruling that "the plaintiff could not demonstrate his entitlement to enforce a lost note under Florida Statute § 673.3091 because Plaintiff is unable to show (i) he was in possession of the alleged instrument…”
— 673.3091(2) — 19 cases
Wolkoff v. Am. Home Mortg. Servicing, Inc., 153 So. 3d 280 (Fla. 2d DCA 2014).
“In Correa , the bank failed to present evidence of the terms of a lost note under section 673.3091(2), Florida Statutes (2007), or its right to enforce the lost note under section 673.”
Beaumont v. Bank of New York Mellon, 81 So. 3d 553 (Fla. 5th DCA 2012).
“See § 673.3091, Fla. Stat. (2010). This required Mellon to show it was entitled to enforce the note when it lost the instrument, or that it directly or indirectly acquired ownership from a person who was *555 entitled to enforce the instrument when loss of possession occurred.”
Correa v. U.S. Bank Nat'l Ass'n, 118 So. 3d 952 (Fla. 2d DCA 2013).
“For the requirements to reestablish a lost note we look to section 673.3091, Florida Statutes (2007).”
— 673.3091(a) — 2 cases
— 673.3091(l)(a) — 5 cases
Correa v. U.S. Bank Nat'l Ass'n, 118 So. 3d 952 (Fla. 2d DCA 2013).
“For the requirements to reestablish a lost note we look to section 673.3091, Florida Statutes (2007).”
— 673.3091(l)(b) — 2 cases
Wolkoff v. Am. Home Mortg. Servicing, Inc., 153 So. 3d 280 (Fla. 2d DCA 2014).
“In Correa , the bank failed to present evidence of the terms of a lost note under section 673.3091(2), Florida Statutes (2007), or its right to enforce the lost note under section 673.”
Correa v. U.S. Bank Nat'l Ass'n, 118 So. 3d 952 (Fla. 2d DCA 2013).
“For the requirements to reestablish a lost note we look to section 673.3091, Florida Statutes (2007).”
— 673.3091(l)(c) — 2 cases
Correa v. U.S. Bank Nat'l Ass'n, 118 So. 3d 952 (Fla. 2d DCA 2013).
“For the requirements to reestablish a lost note we look to section 673.3091, Florida Statutes (2007).”
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