Federal Home Loan Mortgage Corporation v. James Beekman
174 So. 3d 472
Fla. Dist. Ct. App.2015Background
- Foreclosure action after Borrower default; FHLC asserts standing to foreclose; Borrower admits nonpayment but raises lack of standing defense; Trial set for Oct 21, 2013; Borrower sought to amend with 19 defenses and file counterclaims, motion denied; Trial court later adjudicated modification and granted relief, leading to final judgment appealed and cross-appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether loan modification was pled and tried by consent | Beekman did not plead modification; no consent | Modification was tried by consent by implication | Modification not tried by consent; outside pleadings |
| Whether the trial court could grant an unpleaded modification | Relief outside pleaded issues improper | Court should interpret evidence to support modification | Court erred in granting modification outside pleadings |
| Whether the modification contract was valid and enforceable as written | Modification not signed by Note Holder; terms unclear | Modification end-incidents implied by evidence | Modification invalid; court rewrote contract |
| Whether the court had authority to reform the contract to favor one party | No basis to rewrite contract | Courts reform only for fraud/mistake | Court exceeded authority by creating new contract |
| Whether the court should remand for a new trial if modification was improperly granted | Remand appropriate to address pleadings | No new trial needed if issues resolved | Remand for new trial warranted |
Key Cases Cited
- Cardinal Inv. Grp., Inc. v. Giles, 813 So. 2d 262 (Fla. 4th DCA 2002) (relief must be pleaded; trial by consent exception)
- Homestead-Miami Speedway, LLC v. City of Miami, 828 So. 2d 411 (Fla. 3d DCA 2002) (pleadings govern relief; exceptions for consent)
- Pond v. McKnight, 339 So. 2d 1149 (Fla. 2d DCA 1976) (pleadings control; implied consent doctrine)
- Bank of N.Y. Mellon v. Reyes, 126 So. 3d 304 (Fla. 3d DCA 2013) (void judgment for relief outside pleadings)
- Scariti v. Sabillon, 16 So. 3d 144 (Fla. 4th DCA 2009) (test for whether issue was tried by consent)
- Robinson v. Robinson, 340 So. 2d 935 (Fla. 4th DCA 1976) (implied consent when issue presented without objection)