FLORIDA CASE LAW UPDATES
DEMAKIS V. SUNTRUST BANK, 2D19-3751 (Fla. 2nd DCA Feb. 24, 2021).
The Court held it was error to grant summary judgment in favor of the bank seeking to foreclose on a HELOC because the HELOC was not authenticated. A HELOC was not self-authenticating because it is not a negotiable instrument. An unauthenticated HELOC would not have been admissible evidence at trial and, as such, it was not a sufficient basis for a summary judgment.
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