GUTFRUCHT v. FEDERAL NATIONAL MORTGAGE ASSOCIATION LLC (2017)

Elli GUTFRUCHT, Appellant, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION; Ocwen Loan Servicing, LLC, as successor in interest to Homeward Residential, Inc. f/k/a American Home Mortgage Servicing, Inc.; Ralf Gutfrucht; Sherwood At the Crossroads Homeowners Association, Inc; and Department of Revenue, Appellees.

Case No. 2D16–711

Decided: November 03, 2017

Thomas Erskine Ice and Amanda L. Lundergran of Ice Appellate, Royal Palm Beach (withdrew after briefing), for Appellant. Elli Gutfrucht, pro se. David Rosenberg and Robert R. Edwards of Robertson, Anschutz & Schneid, PL, Boca Raton, for Appellee Federal National Mortgage Association. No appearance for remaining Appellees.

Elli Gutfrucht appeals a final judgment of foreclosure in favor of Federal National Mortgage Association (Fannie Mae). We affirm without comment in all respects save one. Fannie Mae has correctly conceded that the amount due stated in the final judgment was mistakenly based on a principal amount of $384,309.89. Fannie Mae's evidence was sufficient to show that the actual principal amount was $308,790. Accordingly, we reverse the final judgment's computation of the amount due and remand for the trial court to recalculate that sum based on the correct principal amount and enter a judgment reflecting that amount. See, e.g., Messiha v. First Fla. Credit Union, 139 So. 3d 376, 377 (Fla. 1st DCA 2014) (reversing and remanding for the recalculation of the interest awarded in a final judgment of foreclosure where amount awarded was based on a miscalculation).

Affirmed in part; reversed in part; remanded with directions.

PER CURIAM.

SILBERMAN, SALARIO, and ROTHSTEIN–YOUAKIM, JJ., Concur.

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