Legal Opinion

Nationstar Mortgage, LLC v. Diaz

District Court of Appeal of Florida

Decided September 20, 2017No. 3D16-1927PublishedCited by 11 opinions

1Opinion of the CourtRothenberg, C.J.

Nationstar Mortgage, LLC appeals from an order denying its amended motion to vacate the final judgment of foreclosure as void pursuant to Florida Rulé of Civil Procedure 1.540(b)(4) and/or motion for an evidentiary hearing on its prior motion to vacate pursuant to rule 1.640(b)(1). Be-causé the final judgment of foreclosure is not “void,” we affirm. 1

' FACTS. Nationstar filed a foreclosure action against Vincent Diaz (“Vincent”), who executed both the mortgage and note, and Deisel Diaz (“Deisel”), who executed the mortgage. The initial and amended complaints alleged that the amount of…

2Cases cited6 opinions

  1. Sterling Factors v. US Bank Nat. Ass'nDistrict Court of Appeal of Florida · 2007
  2. Wiggins v. Tigrent, Inc.District Court of Appeal of Florida · 2014
  3. Bradley Vercosa and Superclean Restoration, LLC v. Claudia Fields, Craig Greene, MSG Built-Tech Construction Corporation and Andres R. NunezDistrict Court of Appeal of Florida · 2015
  4. Tannenbaum v. SheaDistrict Court of Appeal of Florida · 2014
  5. Horton v. Rodriguez Espaillat Y AsociadosDistrict Court of Appeal of Florida · 2006

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3Cited by11 opinions

  1. Llanso v. Gomez De CordovaDistrict Court of Appeal of Florida · 2018
  2. 90 Cwelt-2008 v. Yacht Club at Portofino Condo Assoc.District Court of Appeal of Florida · 2018
  3. Deutsche Bank v. Garcia Del BustoDistrict Court of Appeal of Florida · 2018
  4. ANTHONY LIND MAIURI v. FIRST AMERICAN TITLE INSURANCE COMPANYDistrict Court of Appeal of Florida · 2023
  5. East Coast Recovery, Inc. v. Patricia Holmes, A/K/A Patricia HeviaDistrict Court of Appeal of Florida · 2025

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