Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Angela PANOSYAN and Sergey Panosyn, Appellants, v. CITIMORTGAGE, INC., Appellee.
We affirm the judgment of foreclosure, but reverse and remand for a determination of the correct amounts owed in interest and escrow advances because those awards were not proven by competent substantial evidence.
The total amount of damages sought by Bank was $258,213.36, which included amounts for the principal balance, interest, and the escrow advance balance. To prove these damages, Bank introduced two loan payment histories and had one of its witnesses read from the proposed final judgment not admitted into evidence.
We conclude the principal balance awarded in the final judgment was supported by competent substantial evidence, namely one of the loan payment histories. However, neither the interest nor the escrow advance awards were supported by competent substantial evidence. “The appropriate remedy is to reverse and remand the judgment for further proceedings to properly establish the correct amount due and owing.” Hovannesian v. PennyMac Corp., 190 So. 3d 681, 682 (Fla. 4th DCA 2016); see also Peuguero v. Bank of Am., N.A., 169 So. 3d 1198 (Fla. 4th DCA 2015).
Affirmed in part, reversed in part, and remanded.
Ciklin, C.J., Gross and Conner, JJ., concur.
Per Curiam.
Thank you for your feedback!
As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.
Docket No: No. 4D15–2508
Decided: May 31, 2017
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)