Legal Opinion

Vargas v. Deutsche Bank National Trust Co.

District Court of Appeal of Florida

Decided November 28, 2012No. 3D11-554PublishedCited by 9 opinions

1Opinion of the Court

WELLS, Chief Judge.

Rogelio Vargas appeals from an order approving a general magistrate’s report and recommendation on his post-final judgment “Motion to Enforce Loan Modification Agreement Entered into in Open Court.” We affirm for three reasons: first, because the court below was without authority to entertain Vargas’ multiple motions to force or enforce a loan modification agreement after a foreclosure judgment became final; second, because there is no evidence that the lender bank agreed to a modification of the underlying loan on the foreclosed property “in open court” at a post-judgment…

2Cases cited19 opinions

  1. Canakaris v. CanakarisSupreme Court of Florida · 1980
  2. Dade Cty. Sch. Bd. v. Radio Station WQBASupreme Court of Florida · 1999
  3. Waterman v. BanksSupreme Court of the United States · 1892
  4. Miller v. MurraySupreme Court of Florida · 1953
  5. Frumkes v. FrumkesDistrict Court of Appeal of Florida · 1976

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3Cited by9 opinions

  1. Joseph H. Brown v. Frank Brown, Jr.District Court of Appeal of Florida · 2014
  2. WELLS FARGO BANK, N.A. v. LARRY M. RICHARDSDistrict Court of Appeal of Florida · 2017
  3. Salazar v. HSBC Bank, USA, NADistrict Court of Appeal of Florida · 2015
  4. ANGELA L. DAWSON and ANGELA L. DAWSON, P.A. v. ANTONIO HERNANDEZDistrict Court of Appeal of Florida · 2020
  5. American First Federal, Inc. v. Trugon Properties, Inc.District Court of Appeal of Florida · 2025

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