Legal Opinion

Fogarty v. Nationstar Mortgage, LLC

District Court of Appeal of Florida

Decided August 4, 2017No. Case 5D16-3193PublishedCited by 6 opinions

1Opinion of the CourtWallis, J.

Brian and Christine Fogarty (“Borrowers”) appeal a final judgment of foreclosure in favor of Nationstar Mortgage, LLC (“Nationstar”), arguing the trial court improperly denied their motion for involuntary dismissal. In its cross-appeal, Na-tionstar argues the trial court erred ■ by omitting interest and escrow from the judgment and by dismissing appel-lee/cross-appellant, Seagrove Neighborhood Association, Inc. (“Seagrove”), as a, superior lienholder. We affirm the trial court’s denial of Borrowers’ motion for involuntary dismissal without discussion. However, because the trial court improp-'…

2Cases cited8 opinions

  1. Wolkoff v. American Home Mortgage Servicing, Inc.District Court of Appeal of Florida · 2014
  2. Asian Imports, Inc. v. PepeDistrict Court of Appeal of Florida · 1994
  3. Michel v. The Bank of New York MellonDistrict Court of Appeal of Florida · 2016
  4. Boyette v. BAC Home Loans Servicing, LPDistrict Court of Appeal of Florida · 2015
  5. Mohammad Salauddin v. Bank of America, N.A.District Court of Appeal of Florida · 2014

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3Cited by6 opinions

  1. Dynasty Props., LLC v. U.S. Bank, N.A.District Court of Appeal of Florida · 2019
  2. Dynasty Props., LLC v. U.S. Bank, N.A.District Court of Appeal of Florida · 2019
  3. Guy Bennett Rubin v. ARCPE Bahamas, LLCDistrict Court of Appeal of Florida · 2025
  4. Jose Antonio Barrios v. ARCPE Bahamas, LLC, Successor in Interest to CapitalSource International, LLC F/K/A CapitalSource International, Inc.District Court of Appeal of Florida · 2025
  5. Kent Walter Miller and Judith A. Miller v. ARCPE Bahamas, LLC, Successor in Interest to CapitalSource International, LLC F/K/A CaptialSource International, Inc.District Court of Appeal of Florida · 2025

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