Ricardo & Wasylik PL has successfully protected, in the appellate courts, a trial win from Palm Beach County in McCormick 106 LLC, v. Adjoda. The original loan came from BankUnited, FSB, a bank the FDIC shut down three months before its lawyers filed suit against our client in 2009. Yes, you read that right: a bank that no longer existed, one the FDIC had shut down and seized all its assets, filed suit claiming to have the right to enforce a loan.
Talk about zombies.
After years of protracted litigation, the case finally went to trial in 2014. R&W attorney Mike Wasylik persuaded the judge to enter judgment in favor of the homeowner for a few reasons:
- Lack of standing: because BankUnited FSB, during the FDIC shutdown, assigned all of its assets away to a new bank, it could not have had the right to enforce the note or mortgage when it filed suit.
- Failure to prove compliance with § 559.715, Fla. Stat.: Although Adjoda, in her answer, denied that the plaintiff had given the notice required under § 559.715, the bank introduced NO evidence at trial to prove they did.
- Failure to prove compliance with Paragraph 22 of the mortgage: The plaintiff’s witness, at trial, could not testify about the authenticity of records regarding the delivery of the ¶ 22 notice letter.
The plaintiff appealed, claiming that the judge should have admitted the ¶ 22 letter, and that the plaintiff had proven standing. They didn’t bother to brief the issue of § 559.715. That error was probably fatal. On October 15, 2015, the appellate court upheld the trial court judgment without opinion, leaving us with a complete victory.
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We’re happy for the win and glad we had a chance to protect one of our clients in a time of great need.