Legal Opinion

Whitburn, LLC v. Wells Fargo Bank, N.A.

District Court of Appeal of Florida

Decided December 18, 2015No. 2D14-5563PublishedCited by 29 opinions

1Opinion of the Court

MORRIS, Judge.

Whitburn, LLC, appeals an order denying its motion to cancel foreclosure sale in the mortgage foreclosure action filed by Wells Fargo, N.A., against property owners Basheer Ally and Rooshnee Ally. We affirm because Whitburn, LLC, does not have standing to challenge the foreclosure sale.

On December 7, 2012, Wells Fargo filed a one-count complaint for first mortgage foreclosure against the Aliys and River-crest Community Association, Inc., in Hillsborough County case number 12-CA-019138. Wells Fargo’s complaint stated that the mortgage was recorded on April 25, 2006, in Official…

2Cases cited22 opinions

  1. CLEARWATER FEDERAL S. & L. ASSOCIATION v. SampsonSupreme Court of Florida · 1976
  2. Depass v. ChittySupreme Court of Florida · 1925
  3. Garcia v. StewartDistrict Court of Appeal of Florida · 2005
  4. American Legion Community Club v. DiamondSupreme Court of Florida · 1990
  5. Adhin v. First Horizon Home LoansDistrict Court of Appeal of Florida · 2010

17 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Bonafide Properties v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2016
  2. Tikhomirov v. Bank of New York MellonDistrict Court of Appeal of Florida · 2017
  3. 3709 N. Flagler Drive Prodigy Land Trust v. Bank of America, N.A.District Court of Appeal of Florida · 2017
  4. Shelton v. The Bank of New York MellonDistrict Court of Appeal of Florida · 2016
  5. State Trust Realty, LLC v. Deutsche Bank National Trust Co. AmericasDistrict Court of Appeal of Florida · 2016

24 more not listed; retrieve them via the Exa API.

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