WELLS FARGO BANK, N. A.
v.
QUEST SYSTEMS, L L C, AS SUCCESSOR TRUSTEE
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Wells Fargo Bank appealed a trial court's dismissal of its foreclosure action against Quest Systems, LLC. The trial court had dismissed the case after determining that Wells Fargo failed to prove its prima facie case because a loan modification agreement was not properly authenticated. The appellate court reversed, holding that the loan modification agreement was self-authenticating under Florida law and should have been considered.
The trial court erred in dismissing the foreclosure case based on improper authentication of the loan modification agreement. Under Florida Statutes section 90.902(8), documents relating to commercial paper are self-authenticating, and therefore the loan modification agreement should have been considered by the trial court in determining the amounts due and owing.
[1] Documents relating to commercial paper, including loan modification agreements, are self-authenticating under Florida Statutes section 90.902(8) and do not require separa…
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Join FLexlaw to unlock all legal intelligence“Such agreements are self-authenticating under section 90.902(8), Florida Statutes (2017), which provides that documents relating to commercial paper are self-authenticating.”
The court's explanation of why the loan modification agreement did not require further authentication
Wells Fargo brought a foreclosure action on a note and mortgage. At trial, Wells Fargo presented a loan modification agreement that the trial court ha…
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VILLANTI, Judge.
Wells Fargo Bank, N.A., appeals from a final judgment of foreclosure entered in favor of Quest Systems, LLC, after a bench trial. We reverse and remand for entry of a final judgment of foreclosure in favor of Wells Fargo.
At the conclusion of Wells Fargo's case, Quest moved for an involuntary dismissal. The trial court granted the motion and dismissed the case based on its determination that Wells Fargo had failed to prove its prima facie case because it had not properly authenticated a loan modification agreement that the court had nevertheless previously admitted into evidence.
While the parties have raised a multitude of issues in this appeal, we need reach only one of them. We conclude that the trial court erred when it refused to consider the loan modification agreement because it had not been properly authenticated. Such agreements are self-authenticating under section 90.902(8), Florida Statutes (2017), which provides that documents relating to commercial paper are self-authenticating. Hence, the loan modification agreement should have been considered by the court, and the court should have entered a final judgment of foreclosure in favor of Wells Fargo based on the amounts due and owing on the note and mortgage, as modified by the loan modification agreement.
In light of this conclusion, we reverse the involuntary dismissal and remand for entry of a judgment in favor of Wells Fargo.
Reversed and remanded for further proceedings.
KELLY and KHOUZAM, JJ., Concur.