final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County, Lower
Tribunal No. 13-20646 Thomas J. Rebull, Judge.
M. Armesto, for appellants.
Legal Group, P.A., and Robert R. Edwards (Fort Lauderdale),
LAGOA, FERNANDEZ, and LUCK, JJ.
Eduardo Gonzalez and Rosa Gonzalez (collectively,
"Appellants") appeal the entry of a final judgment
of foreclosure in favor of Appellee Federal National Mortgage
Association ("Fannie Mae"). We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
February 2002, Appellants executed a Note and Mortgage in
favor of Chase Manhattan Mortgage Corporation
("Chase"), which endorsed the Note in blank and
transferred ownership to Fannie Mae. Appellants made payments
on the Note until April 2007. On August 8, 2007, Chase sent
Appellants a default letter, notifying them that they were in
default for an amount of $11, 414.42, which included
principal, interest, escrow, late charges, and fees, for
failing to make the required monthly installments and late
charges owed on the Note. The default letter gave Appellants
thirty days from the date of letter to cure the default.
Appellants failed to cure the default, and on October 3,
2007, Chase filed a complaint to foreclose and accelerate the
full amount due on the Note. Chase alleged that Fannie Mae
was the owner of the Note, that Chase was Fannie Mae's
servicer, and that Appellants defaulted on "the payment
due June 01, 2007 and all subsequent payments." This
initial complaint was dismissed by the trial
subsequently filed the instant action on June 12, 2013, again
alleging that Appellants were in default from the payment due
on June 1, 2007, and all subsequent payments, and again
exercising its right to accelerate all amounts due under the
Note and Mortgage. Chase was later substituted as the party
plaintiff by Fannie Mae on October 7, 2014.
March 16, 2017, the case proceeded to bench trial. Through
the testimony of a Seterus employee, Jon Greenlee
("Greenlee"), Fannie Mae introduced the following
evidence: (1) a limited power of attorney Fannie Mae provided
to Seterus; (2) the original Note; (3) the Mortgage; (4) an
escrow disclosure statement; (5) a copy of the August 8,
2007, breach letter; (6) a screenshot showing that the breach
letter was mailed to Appellants; (7) a letter indicating that
the loan service had been transferred from Chase to Seterus;
(8) a screen printout showing that Fannie Mae acquired
ownership of the loan on April 1, 2002; (9) three sets of
loan payments histories; and (10) judgment figures that were
substantiated by Greenlee's testimony.
Gonzalez also testified at trial that Appellants were current
on the Note until April 2007, when their credit union
reversed the payment. She further testified that she made two
full monthly payments on June 14, 2007, and August 7, 2007,
which Chase applied to the Note, and two partial payments on
July 16, 2007, and August 7, 2007, both of which went
unapplied. She further testified that she mailed two checks
to Chase in October 2007, which Chase returned because the
checks were insufficient to cure the default. It is
undisputed that Appellants did not tender a full payment of
the $11, 414.42 demanded by the default letter.
9, 2017, the trial court entered a Final Judgment of
Foreclosure in favor of Fannie Mae in the amount of $467,
527.41. This timely appeal ensued.