Opinion
Case No. 5D18-801
03-13-2020
BANK OF AMERICA, N.A., Appellant, v. GREEN EMERALD HOMES, LLC, Carlos Mendez, Rosa Mendez and Wyndham Lakes Estates Homeowners Association, Inc., Appellees.
Mary J. Walter, of Liebler Gonzalez & Portuondo, Miami, for Appellant. Angela Leiner, of The Law Office of Angela Leiner, P.A., St. Petersburg, for Appellee, Green Emerald Homes, LLC. No Appearance for Other Appellees.
Mary J. Walter, of Liebler Gonzalez & Portuondo, Miami, for Appellant.
Angela Leiner, of The Law Office of Angela Leiner, P.A., St. Petersburg, for Appellee, Green Emerald Homes, LLC.
No Appearance for Other Appellees.
PER CURIAM.
Bank of America, N.A. ("BOA"), appeals the trial court's involuntary dismissal of its action to foreclose a promissory note and mortgage at the close of its case in chief. Because we conclude BOA was not required to prove that its mortgage was superior to the interest of the property owner, Green Emerald Homes, LLC, we reverse.
Following several assignments, BOA became the owner of a note and mortgage executed by Carlos and Rose Mendez. When the Mendezes defaulted on their obligations, BOA filed a foreclosure action, naming Green Emerald as a defendant because Green Emerald allegedly owned the property. Green Emerald moved to dismiss the complaint, alleging, among other things, that the complaint failed to plead that BOA's interest was superior to Green Emerald's interest. The trial court denied the motion.
The complaint's "wherefore" clause requested the court to foreclose the interests of all named defendants, including Green Emerald.
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At trial, BOA proved the mortgage agreement, a default, acceleration, and the amount due—all the necessary elements of a foreclosure action. See Black Point Assets, Inc. v. Fed. Nat'l Mortg. Ass'n (Fannie Mae), 220 So. 3d 566, 568 (Fla. 5th DCA 2017). When BOA rested its case, Green Emerald moved for an involuntary dismissal, arguing that BOA had not proven that its interest in the property was superior to Green Emerald's interest. The trial court granted Green Emerald's motion and involuntarily dismissed the action. This was error.
"By naming a party in the complaint, the plaintiff provides notice to the named parties that the plaintiff is asserting a superior interest." Id. The trial court errs when it dismisses an action for the failure of the plaintiff to allege or prove the superiority of its lien. See Bank of N.Y. Mellon for Bear Stearns Arm Tr., Mortg. Pass-Through Certificates, Series 2003-7 v. Thompson, 230 So. 3d 638, 639 (Fla. 5th DCA 2017).
Accordingly, we reverse the order involuntarily dismissing the action and remand for further proceedings.
REVERSED and REMANDED.
EVANDER, C.J., ORFINGER and SASSO, JJ., concur.