In a foreclosure matter, the borrower prevailed by demonstrating the Lender was not in possession of the original note and was not entitled to enforce it under the lost note statute.  While the borrower prevailed on foreclosure, the borrower failed to recover attorney’s fees under § 57.105(7).  The Fourth District found that the lender was not a party to the note and mortgage, and therefore, the borrower could not enforce the fee provision under the note.

https://edca.4dca.org/DCADocs/2016/2944/162944_1711_02072018_09245278_i.pdf

 

 

Tags: , ,