Legal Opinion

3709 N. Flagler Drive Prodigy Land Trust v. Bank of America, N.A.

District Court of Appeal of Florida

Decided August 30, 2017No. 4D16-3255PublishedCited by 7 opinions

1Per curiam

Appellant challenges the trial court’s entry of final judgment of foreclosure against its interest in the property which is subject to a mortgage. The trial court concluded that appellant, which received title to the property by quitclaim deed prior to the institution of foreclosure proceedings, could not contest the appellee’s standing to bring the foreclosure action. We hold that appellant was’ a proper party to the pro ceedings; thus, the court erred in refusing to allow appellant to contest the appellee’s standing to bring the foreclosure proceeding. We reverse.

In 2009, the appellee Bank…

2Cases cited6 opinions

  1. Jordan v. SayreSupreme Court of Florida · 1888
  2. Whitburn, LLC v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2015
  3. Thomas Caraccia v. U.S. Bank, National AssociationDistrict Court of Appeal of Florida · 2016
  4. General Development Corporation v. KirkDistrict Court of Appeal of Florida · 1971
  5. Eurovest, Ltd. v. SegallDistrict Court of Appeal of Florida · 1988

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3Cited by7 opinions

  1. Wells Fargo Bank, N.A. v. Behrendt.Hawaii Supreme Court · 2018
  2. Wilmington Trust v. AlvarezDistrict Court of Appeal of Florida · 2018
  3. Benzrent 1 v. Wilmington Savings Fund SocietyDistrict Court of Appeal of Florida · 2019
  4. PAT W. WHITE and BARBARA TURKELL-WHITE v. WELLS FARGO BANK, N.A.District Court of Appeal of Florida · 2019
  5. CATHERINE P. COX v. U.S. BANK, TRUST N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUSTDistrict Court of Appeal of Florida · 2020

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