GASTON CAJINA
v.
HSBC BANK USA, NATIONAL ASSOCIATION, ETC.
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A bank establishes a prima facie case of indebtedness for foreclosure by offering payment history and witness testimony regarding amounts due and owing, without requiring the complete payment history from the beginning of the loan.
[1] A foreclosing lender establishes a prima facie case of indebtedness by presenting payment history and witness testimony regarding the amounts due and owing, without being…
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Join FLexlaw to unlock all legal intelligence“the bank made a prima facie showing of the amount of indebtedness by offering the payment history . . . as well as witness testimony as to the amounts due and owing”
Deutsche Bank Tr. Co. Ams. v. JB Inv. Realty, LLC, cited for the principle that payment history and testimony suffice to establish indebtedness without complete historical records
This is a foreclosure action brought by HSBC Bank USA against borrower Gaston Cajina. The trial court apparently required the bank to present the enti…
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PER CURIAM.
Affirmed. See Deutsche Bank Tr. Co. Ams. v. JB Inv. Realty, LLC, 274 So. 3d 1114, 1115-16 (Fla. 4th DCA 2019) (“We find the trial court erred in granting an involuntary dismissal and requiring the entire payment history ‘from the beginning’ to be in evidence before the bank could proceed with the foreclosure action . . . [T]he bank made a prima facie showing of the amount of indebtedness by offering the payment history . . . as well as witness testimony as to the amounts due and owing.”);
Liberty Home Equity Sols., Inc. v. Raulston, 206 So. 3d 58, 60 (Fla. 4th DCA 2016) (“To establish a prima facie case, . . . the plaintiff must introduce . . . some evidence regarding the outstanding debt.”) (citations omitted)
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Citator
Authorities Cited
- Liberty Home Equity Solutions, Inc. v. Raulston, 206 So. 3d 58 (Fla. 4th DCA 2016)