Andrew J. McBride of Adams and Reese. Courtesy photo. Lenders: Keep Your Original Promissory Notes Safe; Loan Purchaser Fails to Recover on Note Claims in Fla. Decision
A recent opinion out of the Florida Fifth District Court of Appeal makes clear that the failure of a lender or its successor in interest to introduce and authenticate original promissory notes at trial may result in the claimant failing to recover judgment for money damages on those notes.
May 03, 2024 at 11:28 AM
5 minute read
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A recent opinion out of the Florida Fifth District Court of Appeal makes clear that the failure of a lender or its successor in interest to introduce and authenticate original promissory notes at trial may result in the claimant failing to recover judgment for money damages on those notes. However, the Fifth District also made clear that for claims on other types of contracts, including security agreements, copies are sufficient, and the original documents are not required in order to obtain judgment. See Sanger v. Asher, No. 5D22-2104 (Mar. 22, 2024) (not yet final).
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