PNC Bank, N.A. v. Clark

District Court of Appeal of Florida

PNC Bank, N.A. v. Clark

211 So. 3d 265, 2017 WL 363140, 2017 Fla. App. LEXIS 721

CourtDistrict Court of Appeal of Florida

DecidedJanuary 25, 2017

Docket3D15-1522

StatusPublished

Cited by1 cases

This text of 211 So. 3d 265 (PNC Bank, N.A. v. Clark) 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.

Bluebook

PNC Bank, N.A. v. Clark, 211 So. 3d 265, 2017 WL 363140, 2017 Fla. App. LEXIS 721 (Fla. Ct. App. 2017).

Pincite

Opinion

LOGUE, J.

In this foreclosure action, after a non-jury trial, the trial court dismissed the case for lack of standing. This was error. See, e.g., Clay Cty. Land Tr. v. JPMorgan Chase Bank, Nat’l Ass’n, 152 So.3d 83, 85 (Fla. 1st DCA 2014) (“When appellee filed the foreclosure complaint, it attached a copy of the note and an undated allonge to the note containing an endorsement in blank. This was sufficient to establish as a matter of law that appellee had standing to bring the foreclosure action”).

Furthermore, the undisputed evidence indicated that (1) the borrower failed to pay the 2011 ad valorem taxes on the property as the note required; (2) the Monroe County Tax Collector issued a tax certificate to a third party as a result of the unpaid taxes; (3) the bank paid off the tax certificate and paid subsequent years’ taxes; and (4) as of the date of the filing of the foreclosure action, the borrower still had not paid the bank the taxes and other costs the bank had advanced or incurred in an amount no less than $4508.50, as admitted by the borrower’s attorney at oral argument. In these circumstances, the *266 bank established a breach and the trial court should have entered a foreclosure judgment. See, e.g., Liberty Home Equity-Sols., Inc. v. Raulston, No. 4D15-3652, 206 So.3d 58, 61, 2016 WL 7118841, at *3 (Fla. 4th DCA Dec. 7, 2016) (“[T]he trial court erred in finding that appellee’s failure to pay property taxes and hazard insurance was not a material breach justifying foreclosure.”).

The parties hotly disputed the amounts owed and the record reflects conflicting evidence on this point. We remand for the trial court to make factual findings consistent with this opinion and to enter a final judgment of foreclosure.

Reversed and remanded.

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LOGUE, J.

In this foreclosure action, after a non-jury trial, the trial court dismissed the case for lack of standing. This was error. See, e.g., Clay Cty. Land Tr. v. JPMorgan Chase Bank, Nat’l Ass’n, 152 So.3d 83, 85 (Fla. 1st DCA 2014) (“When appellee filed the foreclosure complaint, it attached a copy of the note and an undated allonge to the note containing an endorsement in blank. This was sufficient to establish as a matter of law that appellee had standing to bring the foreclosure action”).

Furthermore, the undisputed evidence indicated that (1) the borrower failed to pay the 2011 ad valorem taxes on the property as the note required; (2) the Monroe County Tax Collector issued a tax certificate to a third party as a result of the unpaid taxes; (3) the bank paid off the tax certificate and paid subsequent years’ taxes; and (4) as of the date of the filing of the foreclosure action, the borrower still had not paid the bank the taxes and other costs the bank had advanced or incurred in an amount no less than $4508.50, as admitted by the borrower’s attorney at oral argument. In these circumstances, the *266 bank established a breach and the trial court should have entered a foreclosure judgment. See, e.g., Liberty Home Equity-Sols., Inc. v. Raulston, No. 4D15-3652, 206 So.3d 58, 61, 2016 WL 7118841, at *3 (Fla. 4th DCA Dec. 7, 2016) (“[T]he trial court erred in finding that appellee’s failure to pay property taxes and hazard insurance was not a material breach justifying foreclosure.”).

The parties hotly disputed the amounts owed and the record reflects conflicting evidence on this point. We remand for the trial court to make factual findings consistent with this opinion and to enter a final judgment of foreclosure.

Reversed and remanded.

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Bluebook (online)

211 So. 3d 265, 2017 WL 363140, 2017 Fla. App. LEXIS 721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pnc-bank-na-v-clark-fladistctapp-2017.

Opinion

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