Proceeding with copies of Loan Modifications. No explanation needed as to why the original is unavailable. This decision is not final.
Today, March 28, 2018, the Fourth District Court of Appeal in Liukkonen v. Bayview Loan Servicing, LLC, No. 4D16-4193, (Fla. 4th Dist. Ct. App. Mar. 28, 2018), released the opinion that we have all being waiting for, clarifying the decision of Rattigan v. Central Mortgage Co., 199 So. 3d 966 (Fla. 4th DCA 2016), in holding that you do not need to produce the original loan modification, that a loan modification is not a negotiable instrument, and that a loan modification is like a mortgage and that you can proceed with an authenticated copy and that no explanation is required when the original is unavailable.
However, this case did not mention the recent case of McCampbell v. Fed. Nat'l Mortg. Ass'n, No. 2D16-177, 2018 WL 844361 , (Fla. 2nd Dist. Ct. App. Feb. 14, 2018), nor did it certify conflict. Further, in this case, there was no objection at trial in reference to the copy of the modifications being introduced, unlike in McCampbell.