Chemical Residential Mortgage v. Rector

742 So. 2d 300 (1998)

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Chemical Residential Mortgage v. Rector

Florida District Court of Appeal
742 So. 2d 300 (1998)

Facts

Terry Rector (defendant) took out a mortgage from Chemical Residential Mortgage (CRM) (plaintiff). After Rector defaulted, CRM filed a foreclosure action. CRM’s complaint specifically alleged that (1) CRM was both the owner and the holder of the mortgage, with the right to collect and enforce payment from Rector; and (2) Rector had defaulted on his mortgage obligations. Rector failed to timely respond to CRM’s foreclosure complaint, thereby waiving his right to deny the allegations made therein. A final judgment of foreclosure was entered in 1995, then amended in 1996. In 1997, CRM moved to amend the final judgment again and to reset the sale date for the foreclosed property. The trial court denied CRM’s motion to amend and vacated both the 1996 amended final judgment and the 1995 original final judgment of foreclosure on the basis that CRM had failed to attach the required copy of the recorded mortgage as an exhibit to the underlying foreclosure complaint. CRM appealed.

Rule of Law

Issue

Holding and Reasoning (Barfield, C.J.)

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