UNKNOWN TRUSTEE OF LEDON FAMILY IRREVOCABLE GIFT TRUST AGREEMENT v. MORTGAGEIT MORTGAGE LOAN TRUST (2024)

District Court of Appeal of Florida, Third District.

UNKNOWN TRUSTEE OF the LEDON FAMILY IRREVOCABLE GIFT TRUST AGREEMENT, etc., Appellant, v. MORTGAGEIT MORTGAGE LOAN TRUST, etc., Appellee.

No. 3D23-0125

Decided: August 07, 2024

Before EMAS, LINDSEY and BOKOR, JJ.

David J. Winker, P.A., and David J. Winker, for appellant. DeLuca Law Group, PLLC, and Shawn Taylor (Fort Lauderdale), for appellee.

Affirmed. See Fed. Nat'l Mortg. Ass'n v. Trinidad, 358 So. 3d 754, 759 (Fla. 4th DCA 2023) (explaining that a plaintiff may establish the requirements under section 673.3091(1), Florida Statutes, for reestablishing a lost note “by affidavit or by testimony”); see also Deakter v. Menendez, 830 So. 2d 124, 127 (Fla. 3d DCA 2002) (“There is no requirement that [a plaintiff] prove exactly how [it] lost possession of the note ․”).

PER CURIAM.

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