Chapter 13-5 Burden of Proof

• Jurisdiction: United States

13-5 Burden of Proof

As in any breach of contract claim, to recover in a mortgage foreclosure each of the elements must be proven by a preponderance of the evidence.⁸¹ Likewise, the burden to prove affirmative defenses and counterclaims is the defendant's to prove by a preponderance of the evidence.⁸²

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Notes:

^[81] Knowles v. C.I.T. Corp., 346 So. 2d 1042 (Fla. 1st DCA 1977).

^[82] Captains Table, Inc. v. Khouri, 208 So. 2d 677 (Fla. 4th DCA 1968).