FLORIDA COURT CLARIFIES | Key Points

  1. Florida’s Third DCA affirmed a foreclosure judgment entered in favor of US Bank National Association (“US Bank” or “the Bank”) finding the Bank proffered competent, substantial evidence that the borrower breached the terms of a modified note and mortgage. 3499 Saraev Properties, LLC v. US Bank Nat’l Ass’n, 3D19-1208, 2020 WL 5032471, at *1 (Fla. 3d DCA Aug. 26, 2020).

  2. Saraev appealed the final judgment arguing “the Bank failed to adequately plead and prove an independent breach of a binding loan modification agreement.” The Third DCA disagreed explaining that the Bank (1) properly “referenced the modification agreement in its verified complaint;” (2) attached a copy of the loan modification agreement to its verified complaint; (3) successfully proffered an authenticated copy of the modification into evidence at trial; and (4) proffered competent testimony regarding “both the balance due under the modification” and the mortgagors’ failure to pay. Nothing more was required.

  3. Although the substance of the Bank’s evidence was not discussed in detail, this decision still provides helpful guidance on the general evidentiary requirements for pleading and proving entitlement to foreclosure of a modified loan.

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