Legal Opinion

Ibanez v. 21st Mortgage Corp.

District Court of Appeal of Florida

Decided January 4, 2017No. 4D16-899Published

1Opinion of the CourtForst, J.

Appellant Ludvick Ibanez (“Homeowner”) appeals the trial court’s Final Summary Judgment granting Mortgage Guaranty Insurance Corporation (“MGIC”) $151,393.95. Homeowner’s principal argument on appeal is that the lower court erred in granting the damages award to a non-party in the case. We agree, and reverse the trial court’s decision.

Background

This case deals with mortgage insurance. Homeowner defaulted on his mortgage, a foreclosure complaint was filed, and the trial court entered final judgment of foreclosure in favor of 21st Mortgage Corporation (“21st”), finding that Homeowner defaulted…

2Cases cited3 opinions

  1. Beaumont v. BANK OF NEW YORK MELLONDistrict Court of Appeal of Florida · 2012
  2. Gotham Insurance Co. v. MatthewDistrict Court of Appeal of Florida · 2015
  3. Philippou v. J.P. Morgan Mortgage Acquisition Corp.District Court of Appeal of Florida · 2013

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