Miami-Dade Judge Erred in Denying Foreclosure, Appellate Court Rules
The court improperly excluded evidence and based the judgment partially on a defense the homeowner's counsel didn't raise, the appellate panel ruled.
November 08, 2017 at 03:03 PM
8 minute read
The Third District Court of Appeal also ruled Miami-Dade Circuit Senior Judge Judith Kreeger was wrong to find the bank's witness testimony was hearsay.
“The trial court was not authorized to deny foreclosure merely because it believed the borrower signed a 'bad bargain,' ” wrote Third DCA Judge Richard Suarez, with Chief Judge Leslie Rothenberg and Judge Vance Salter concurring. “ We thus reverse the entry of involuntary dismissal and remand for entry of final judgment of foreclosure.”
Homeowner Alfredo Brito was making his monthly mortgage payments as usual when in June 2008 his payment was rejected by his loan servicer, according to the appellate court. From then on, no other payments were made.
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