Legal Opinion

Citibank, N.A. v. Villanueva

District Court of Appeal of Florida

Decided September 9, 2015No. 4D15-239PublishedCited by 9 opinions

1Per curiam

Citibank, N.A., the plaintiff in a mortgage foreclosure action, appeals a non-final order denying its motion to vacate final judgment of foreclosure. This court has jurisdiction pursuant to Florida Rule of Appellate Procedure 9.130(a)(5). We reverse.

After the borrower defaulted on a note secured by a mortgage on real property, Citibank filed a foreclosure complaint. Citibank obtained a final judgment of foreclosure in March 2013, and a foreclosure sale was set for a date in July 2013.

In June 2013, a non-party, Diana Diaz, moved to cancel the sale. Her motion alerted Citibank that the owners…

2Cases cited11 opinions

  1. Jordan v. SayreSupreme Court of Florida · 1888
  2. Hertz Corp. v. PiccoloSupreme Court of Florida · 1984
  3. ML Builders, Inc. v. Reserve Developers, LLPDistrict Court of Appeal of Florida · 2000
  4. STATE, DEPT. OF TRANSP. v. BaileyDistrict Court of Appeal of Florida · 1992
  5. Oakland Prop. Corp. v. HoganSupreme Court of Florida · 1928

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3Cited by9 opinions

  1. Joe R. Parker, Jr., Eddie Shelton Parker, David Parker and Cornel Parker v. Sean Cornelius Parker, Joan Parker, Kevin Parker and Parkerquest, LLCDistrict Court of Appeal of Florida · 2016
  2. FL HOMES 1, LLC and JOSE PEREZ v. TOULA KOKOLIS, as Trustee, etc.District Court of Appeal of Florida · 2019
  3. Clerk of Circuit Court and Comptroller, Hillsborough County v. Rangel, State of FloridaDistrict Court of Appeal of Florida · 2025
  4. GREEN EMERALD HOMES, L L C v. 21ST MORTGAGE CORPORATIONDistrict Court of Appeal of Florida · 2019
  5. JOHN AFFENITA PRO THOTICS TECHNOLOGY, INC. ADVANCED BIOCEUTICALS LIMITED, LLC NASS VALLEY GATEWAY, LTD. MARGARET AFFENITA v. HOWARD I. STORFERDistrict Court of Appeal of Florida · 2023

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