Washington Mutual Bank, F.A. v. Shelton

DANAHY, PAUL W., Senior Judge.

In this foreclosure action brought by the first mortgagee, Washington Mutual Bank, F.A., we review the trial court’s judgment ruling that the second mortgagees, Paul and Marie Shelton, were entitled to costs and attorney’s fees. We reverse because the court had no authority to make the award.

Cindy Crossland, owner of property in Charlotte County, executed her note and mortgage to a financial institution that assigned them to the appellant, Washington Mutual Bank, F.A. Ms. Crossland later executed a note and second mortgage to the appellees, Paul and Marie…