164 So. 3d 9
Fla. Dist. Ct. App.2015Background
- BAC Home Loans Servicing, LP sued Lonnie Boyette in May 2010 seeking foreclosure for default on a loan and alleged amounts due (principal stated at $115,697.24), plus interest, late charges, taxes, property inspection costs, and attorney’s fees.
- At trial the Bank introduced a payment history identifying principal, hazard insurance premiums, late charges, and tax payments.
- The final judgment awarded principal, hazard insurance, late charges, taxes, interest (stated as $23,741.25), property inspection fees ($945), and attorney’s fees ($1,200).
- The court reviewed whether each awarded item was supported by competent, substantial evidence, applying the standard that foreclosure damages must be established by competent, substantial evidence.
- The appellate court affirmed awards supported by the payment history (principal, hazard insurance, late charges, taxes) but reversed awards lacking evidentiary support (interest, inspection fees, attorney’s fees) and remanded for further proceedings to establish those amounts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the principal, hazard insurance, late charges, and taxes were supported by evidence | Payment history and testimony establish these amounts | Amounts not sufficiently proven | Supported: affirmed for these items |
| Whether the interest award ($23,741.25) was supported | Interest accrual reflected in loan documents/award | No records or testimony showing how interest amount was calculated | Reversed: no competent, substantial evidence; remand for proof |
| Whether property inspection fees ($945) were supported | Sought as recoverable costs in complaint | No testimony or evidence establishing the fee amount | Reversed: not established by evidence; remand |
| Whether attorney’s fees ($1,200) were supported | Judgment awards flat fee | Fee breakdown showed "0 hours at $0.00 per hour" and no fee agreement in record | Reversed: no competent evidence of fee; remand |
Key Cases Cited
- Wagner v. Bank of America, N.A., 143 So.3d 447 (Fla. 2d DCA 2014) (foreclosure judgment amounts must be supported by competent, substantial evidence)
- Salauddin v. Bank of America, N.A., 150 So.3d 1189 (Fla. 4th DCA 2014) (insufficient evidence of interest accrual requires reversal or remand)
- Sas v. Federal National Mortgage Association, 112 So.3d 778 (Fla. 2d DCA 2013) (remand for evidentiary proceedings to establish amounts due and owing)