Wolkoff v. American Home Mortgage Servicing, Inc.
153 So. 3d 280
| Fla. Dist. Ct. App. | 2014Background
- Wolkoffs signed a $580,300 promissory note and mortgage with American Brokers Conduit on May 16, 2007; the note/mortgage were subsequently transferred to AHMSI.
- Default occurred in September 2007; AHMSI sent a default notice on October 2, 2007; foreclosure filed January 2008.
- Bench trial held in November 2012; AHMSI’s witness authenticated the note, mortgage, and payment history but did not substantively recite the total indebtedness or admit business records.
- Wolkoffs testified they owed money but did not provide the amount; final judgment entered for $960,660.96 including costs and attorney’s fees.
- AHMSI failed to introduce complete business records or admissible evidence establishing the indebtedness; records were incomplete and did not reflect current debt.
- Court reverses final judgment, indicating AHMSI failed to prove the amount owed and urging dismissal; remand for involuntary dismissal
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether AHMSI proved the amount owed on the note | Wolkoffs argue AHMSI failed to prove indebtedness | Wolkoffs rely on lack of admissible records; no competent evidence of total debt | Yes; lack of competent evidence requires reversal and dismissal |
| Whether the proposed final judgment or records can support the judgment | Wolkoffs contend the proposed final judgment was unauthenticated | AHMSI relied on a proposed final judgment not admitted into evidence | Proposed judgment not competent evidence; not reviewed to sustain the verdict |
| Whether preservation requirements applied to challenge sufficiency of the evidence | Wolkoffs argue no contemporaneous objection needed under Rule 1.530(e) | AHMSI contends preservation not required | Rule 1.530(e) allows appeal without objection; reversal warranted |
| Appropriate remedy when no evidence supports damages | Wolkoffs emphasize lack of records and evidence | AHMSI failed to prove damages as awarded | Dismissal appropriate; remand for involuntary dismissal |
Key Cases Cited
- Correa v. U.S. Bank Nat’l Ass’n, 118 So.3d 952 (Fla. 2d DCA 2013) (reversed where records were not admitted or authenticated)
- Sas v. Federal National Mortgage Ass’n, 112 So.3d 778 (Fla. 2d DCA 2013) (addressed admissibility of records and testimony about indebtedness)
- Kelsey v. SunTrust Mortgage, Inc., 131 So.3d 825 (Fla. 3d DCA 2014) (reversed/remanded for proper authentication of records)
- Morton’s of Chi, Inc. v. Lira, 48 So.3d 76 (Fla. 1st DCA 2010) (collateral damages or monetary award require evidentiary basis)
- Allard v. Al-Nayem Int’l, Inc., 59 So.3d 198 (Fla. 2d DCA 2011) (reaffirmed need for evidentiary support for damages)
- Crawford Residences, LLC v. Banco Popular N. Am., 88 So.3d 1017 (Fla. 2d DCA 2012) (reviewed findings for competent, substantial evidence)