In foreclosure cases, don’t forget that the bank must not only prove a loan default and legal standing to foreclose, but must also prove the amounts due and owing to be entitled to a judgment of foreclosure.
Keep in mind that if you are going to challenge the amounts due and owing, you should be specific and attack specific amounts the bank is claiming.
You can obtain a copy of the complete transaction history for the loan through a Request for Production of Documents. Once you receive that, you can then request, through a subsequent Request for Production, the receipts proving payment for those items. Just because there is a computer system note by a bank employee stating that these charges were paid by the bank does not necessarily mean that they have been paid. Allegations must be proven in court.
Also remxcessive property inspection and preservation fees and other excessive charges on mortgage accounts.
To get a good understanding of the importance of amounts due and owing in foreclosure cases, I would suggest reviewing the cases of Green Emerald Homes, LLC v. 21st Mortgage Corporation (Fla. 2d DCA 2019) and Adamson v. Main Street Oaks, LLC (Fla. 2d DCA 2021). These are very good cases and they make it very clear that the bank must prove the amounts due and owing to be entitled to a judgment of foreclosure.
Best Regards,
Ryan C. Torrens, Esq.
Consumer Advocate
