CDC Capital Investments, LLC, as Trustee v. Bayview Loan Servicing, LLC
CourtDistrict Court of Appeal of Florida
Date FiledMay 8, 2020
Docket1D18-4422
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D18-4422
_____________________________
CDC CAPITAL INVESTMENTS,
LLC, as Trustee,
Appellant,
v.
BAYVIEW LOAN SERVICING, LLC,
Appellee.
_____________________________
On appeal from the Circuit Court for Columbia County.
Wesley R. Douglas, Judge.
May 8, 2020
PER CURIAM.
We find that the trial court erred in granting summary final
judgment of foreclosure, as Appellee failed to properly prove
amounts due by competent substantial evidence. See Clay Cty.
Land Tr. No. 08-04-25-0078-014-27, Orange Park Tr. Servs., LLC
v. JPMorgan Chase Bank, Nat’l Ass’n, 152 So. 3d 83 (Fla. 1st DCA
2014) (reversing summary judgment where the affidavit
establishing the amount due relied on business records from the
prior owner of the note and there was no showing the affiant was
familiar with the prior business’s practices or had verified the
accuracy of the records). See also Hunter v. Aurora Loan Servs.,
LLC, 137 So. 3d 570, 573 (Fla. 1st DCA 2014) (finding error in
admitting computer-generated documents offered through a loan
services employee who was not an employee of original mortgage
holder, lacked personal knowledge of original holder’s record-
keeping procedures, and was unable to substantiate when the
records were made, whether the information they contained
derived from a person with knowledge, whether original owner
regularly made such records, or whether the records belonged to
original owner); Channell v. Deutsche Bank Nat’l. Tr. Co., 173 So.
3d 1017, 1019 (Fla. 2d DCA 2015) (holding that where a “business
takes custody of another business’s records and integrates them
within its own records, the acquired records are treated as having
been ‘made’ by the successor business, such that both records
constitute the successor business’s singular ‘business record.’”
(citing Bank of N.Y. v. Calloway, 157 So. 3d 1064, 1071 (Fla. 4th
DCA 2015))). *
We reverse only as to the judgment amount and remand for
further proceedings to establish that amount. The order under
review is otherwise affirmed.
AFFIRMED in part, REVERSED in part and REMANDED.
LEWIS, MAKAR, and WINOKUR, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Ian P. Hudson of King Hudson, PLLC, St. Petersburg, for
Appellant.
* We have considered and rejected Appellee’s argument that
Appellant had no standing to challenge the foreclosure. See, e.g.,
Green Emerald Homes, LLC v. 21st Mortgage Corp., 44 Fla. L.
Weekly D1449 (Fla. 2d DCA June 7, 2019).
2
Alexis Fields of Kopelowitz, Ostrow, Ferguson, Weiselberg,
Gilbert, Fort Lauderdale; Richard S. McIver and H. Michael Muniz
of Kass Shuler, P.A., Tampa, for Appellee.
3