Terant v. Beltway Capital, LLC

In this mortgage foreclosure case, Humberto Terant, et al, the defendant/borrower, appeals the trial court’s sequestration order requiring that all revenues generated from the subject property be deposited into the registry of the court. We affirm the trial court’s order because, as defendant properly concedes, the error was not preserved, and the trial court’s error is not “fundamental error” warranting reversal.

I. Facts

On January 8, 2007, the borrower executed a mortgage securing an $840,000 promissory note. The mortgage encumbered a transient lodging establishment known as the European…