REAL ESTATE: MORTGAGE FORECLOSURE; CIVIL PROCEDURE: JUDGMENT ON THE PLEADINGS: FORECLOSURE COMPLAINT STATED A CAUSE OF ACTION  

Nationstar Mortgage, LLC v. Zorie, ___ So. 3d ___, 39 Fla. L. Weekly D1838 (Fla. 5th DCA August 29, 2014)

The trial court in a mortgage foreclosure erred by entering judgment on the pleadings for the borrower.  The complaint stated a cause of action by alleging that the borrower executed a note and mortgage to the original lender, which assigned them to the plaintiff, and that the borrower was in default.  Although the plaintiff initially sought to reestablish a lost note, she “filed a copy of the original note and mortgage shortly after filing the complaint.”  The borrower’s answer admitted failing to make several payments after the alleged date of default.  “[A] properly appended summary of the promissory note provided the specific material terms for the loan. All of these facts were both contained in the pleadings and properly before the trial court at the time of the subject hearing.  [The plaintiff] properly pleaded a cause of action for foreclosure.  As such, the trial court erred by granting judgment on the pleadings.”