SCHWARTZ v. BANK OF AMERICA, N.A.

No. 4D17-3457.

267 So.3d 414 (2019)

Amy B. SCHWARTZ and Jay F. Schwartz, Appellants, v. BANK OF AMERICA, N.A., Successor by Merger to BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, L.P., Briar Bay Community Association, Inc., and Waters Edge At Briar Bay Association, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

March 6, 2019.


Attorney(s) appearing for the Case

Bruce Jacobs of Jacobs Legal, PLLC, Miami, for appellants.

Adam J. Wick of Liebler Gonzalez & Portuondo, Miami, for appellee Bank of America, N.A.


We affirm the final summary judgment of foreclosure. The appellants contend that discovery was outstanding and material issues of fact remained on their claim of fraud on behalf of the appellee's predecessor, Bank of America, in the fixation of an endorsement to the promissory note. They contended that the endorsement was added after the original...

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