Newman v. Ocwen Loan Servicing, LLC

District Court of Appeal of Florida

Newman v. Ocwen Loan Servicing, LLC

192 So. 3d 498, 2016 Fla. App. LEXIS 4925, 2016 WL 1235548

CourtDistrict Court of Appeal of Florida

DecidedMarch 30, 2016

Docket2D14-1953

StatusPublished

This text of 192 So. 3d 498 (Newman v. Ocwen Loan Servicing, LLC) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Newman v. Ocwen Loan Servicing, LLC, 192 So. 3d 498, 2016 Fla. App. LEXIS 4925, 2016 WL 1235548 (Fla. Ct. App. 2016).

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Opinion

SLEET, Judge.

Edward Newman appeals the final summary judgment of foreclosure in favor of Ocwen Loan Servicing, LLC. The parties agree that Ocwen failed to present sufficient evidence to support the trial count’s award of $2036.49 in late charges, However, .Newman claims that this deficiency created a,genuine issue of material fact and that the trial court’s entry of summary judgment was therefore fundamental error. We disagree.. : .

Newman’s' issue with the lack of evidence to support the awarded total for late charges alone does not warrant reversal of the entire foreclosure judgment. See, e.g., Freiman v. Nat’l City Mortg. Co., 183 So.3d 1111 (Fla. 4th DCA 2015) (affirming foreclosure judgment in part and reversing the unsupported award of attorney fees); Peuguero v. Bank of Am., N.A., 169 So.3d 1198, 1204 (Fla. 4th DCA 2015) (affirming foreclosure judgment in part and reversing and remanding for a hearing on the unsupported amount of the judgment). In its cohcession of error, Ocwen does not request an opportunity to correct the eviden-tiary shortcomings with regard to its alleged late charges and instead asks that this court remand for remittitur to reduce the amount of the final judgment by $2036.49." This solution is appropriate. Therefore, we affirm the final summary judgment but réverse the trial court’s award of $2036.49 for late charges. And we remand for remittitur of the final judg: ment in that amount.

Affirmed in part, reversed in part, and remanded with instructions.

KHOUZAM and LUCAS, JJ., Concur. '

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SLEET, Judge.

Edward Newman appeals the final summary judgment of foreclosure in favor of Ocwen Loan Servicing, LLC. The parties agree that Ocwen failed to present sufficient evidence to support the trial count’s award of $2036.49 in late charges, However, .Newman claims that this deficiency created a,genuine issue of material fact and that the trial court’s entry of summary judgment was therefore fundamental error. We disagree.. : .

Newman’s' issue with the lack of evidence to support the awarded total for late charges alone does not warrant reversal of the entire foreclosure judgment. See, e.g., Freiman v. Nat’l City Mortg. Co., 183 So.3d 1111 (Fla. 4th DCA 2015) (affirming foreclosure judgment in part and reversing the unsupported award of attorney fees); Peuguero v. Bank of Am., N.A., 169 So.3d 1198, 1204 (Fla. 4th DCA 2015) (affirming foreclosure judgment in part and reversing and remanding for a hearing on the unsupported amount of the judgment). In its cohcession of error, Ocwen does not request an opportunity to correct the eviden-tiary shortcomings with regard to its alleged late charges and instead asks that this court remand for remittitur to reduce the amount of the final judgment by $2036.49." This solution is appropriate. Therefore, we affirm the final summary judgment but réverse the trial court’s award of $2036.49 for late charges. And we remand for remittitur of the final judg: ment in that amount.

Affirmed in part, reversed in part, and remanded with instructions.

KHOUZAM and LUCAS, JJ., Concur. '

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192 So. 3d 498, 2016 Fla. App. LEXIS 4925, 2016 WL 1235548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newman-v-ocwen-loan-servicing-llc-fladistctapp-2016.

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