Florida couple disputed four mortgage reversals; appeals court revived foreclosure over bank error

A mortgage dispute can become complicated when a lender's own accounting records leave borrowers questioning how much they owe. A Florida couple faced this situation after their bank reversed four mortgage payments made in 2015 without explaining why.

Although they continued making monthly payments for nearly two more years, the lender eventually refused to accept further payments, and the couple stopped paying. The dispute eventually reached an appeals court after a trial judge ruled that the bank had failed to prove a mortgage default.In an opinion dated November 4, 2026, Florida's Second District Court of Appeal reversed that decision in The Bank of New York Mellon v.

Fernandez, case number 2D2025-1819. The ruling, available on Justia, revived the bank's foreclosure case against Michael and Dianna Fernandez.