Tanner Andrews, P.A. v. Bayview Loan Servicing, LLC
Tanner Andrews, P.A. v. Bayview Loan Servicing, LLC
Opinion of the Court
Tanner Andrews et al. (“Appellants”) appeal the trial court’s entry of a final judgment of foreclosure in favor of Bay-view Loan Servicing, LLC (“Appellee”). Appellants are junior lienholders of the property in question by virtue of having obtained judgments that attached as liens on the mortgaged property.
Appellee filed its foreclosure complaint, alleging that Bella Contessa, LLC (“Borrower”) executed and delivered a promissory note and.mortgage to Silver Hill Financial, LLC (“Silver Hill”). Appellee attached to its complaint a copy of the original mortgage and note, as well as the purported assignment of the mortgage and note from Silver Hill to Appel-lee.
Appellee’s ■ complaint included Borrower and Appellants as defendants. Appellants’ answer asserted that, inter alia, Appellee lacked standing and that Appellants, to the extent that the .proceeds of. the sale exceed the amount owed, .would be entitled to the surplus by virtue of their judgment liens, which attached to the mortgaged property.
On the date and time scheduled for trial, Appellee informed the court that there was no need for a trial as Appellee and Borrower had reached an agreement whereby they stipulated “to ’entry of judgment in-exchange for a waiver of deficiency as to the individual members of [Borrower’s company].” Appellee told the trial court that Appellants had not joined in the- settlement agreement. Appellee argued that Appellants’ joinder in the settlement agreement was unnecessary because they had not signed any of the loan documents and thus had no standing to contest the mortgage or its foreclosure.
Appellants then moved for involuntary dismissal pursuant to Florida Rule of Civil Procedure 1.420(b), asserting that Appel-lee “has not proved a prima facie case.”
It, “is axiomatic that the party seeking foreclosure must present sufficient evidence to prove the amount owed on the note.” Wolkoff v. Am. Home Mortg. Servicing, Inc., 153 So.3d 280, 281 (Fla. 2d DCA 2014). Additionally, the party seeking foreclosure must establish that it has standing to foreclose and such standing must be acquired prior to filing suit. McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So.3d 170, 173 (Fla. 4th DCA 2012).
Third persons whose rights or interests are adversely affected by a mortgage, such as junior mortgagees or creditors with an interest or lien in the underlying property, have standing to contest a foreclosure action brought by a party claiming a superior interest. Centerstate Bank Cent. Fla., N.A. v. Krause, 87 So.3d 25, 28 (Fla. 5th DCA 2012).
Generally, “stipulations are binding on the parties who enter them.” Seminole Elec. Co-op., Inc. v. Dep’t of Envtl. Prat, 985 So.2d 615, 622 (Fla. 5th DCA 2008).
We reverse the final judgment and remand to the trial court for further proceedings consistent with this opinion.
REVERSED AND REMANDED.
. Appellants did not clearly set forth the facts, issues, or arguments in their briefs; nevertheless, they did sustain their burden of demonstrating reversible error.
. Florida Rule of Civil Procedure 1.42003) provides that "[a]fter a party seeking affirmative relief in an action tried by the court without a jury has completed the presentation of evidence, any other party may move for a dismissal on the ground that on the facts and the law the party seeking affirmative relief has shown no right to relief, without waiving the right to offer evidence if the motion is not granted.” Fla. R. Civ. P. 1.420(b).
. We do not disturb the stipulated settlement agreement entered into between Appellee and Borrower; however, it is not binding in any respect upon Appellants.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.