Tinsley v. Mangonia Residence I, Ltd.

In this foreclosure case, which was dismissed for lack of prosecution, the trial court awarded prevailing party attorney’s fees against the assignee of the party who was foreclosing, even though the assignee, who was the real party in interest, had not formally been made a party. We reverse.

Vikar Associates, Inc. held a mortgage which was in default and filed a complaint to foreclose against appellee Mangonia. During the litigation Vikar assigned its interest in the loan documents and the foreclosure suit to Thomas Tinsley. About a year after the assignment. Vikar filed a motion to substitute…