2010-3 SFR Venture, LLC v. Garcia
District Court of Appeal of Florida
1Opinion of the CourtCiklin, J.
Appellant, 2010-3 SFR Venture, LLC (“the bank”), challenges a final judgment quieting title to property in favor of the Boca Gardens Homeowners Association, Inc. (“the association”), which extinguished the mortgage on the residential property held by the bank. We agree with the bank that, despite an adjudication on the merits in a prior action to foreclose the mortgage, res judicata does not render the mortgage unenforceable by precluding enforcement actions on subsequent defaults. The trial court erred in quieting title against the bank’s valid and enforceable mortgage and therefore we…
2Cases cited6 opinions
- Singleton v. Greymar AssociatesSupreme Court of Florida · 2004
- U.S. Bank National Ass'n v. BartramDistrict Court of Appeal of Florida · 2014
- Capital Bank v. NeedleDistrict Court of Appeal of Florida · 1992
- Evergrene Partners, Inc. v. Citibank, N.A.District Court of Appeal of Florida · 2014
- Kaan v. Wells Fargo Bank, N.A.District Court, S.D. Florida · 2013
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3Cited by5 opinions
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- GMAC Mortgage, LLC v. Edward Whiddon, Holly WhiddonDistrict Court of Appeal of Florida · 2015
- U.S. Bancorp, etc. v. Taharra Assets 5545, Inc.District Court of Appeal of Florida · 2024