Legal Opinion
Vives v. Wells Fargo Bank, N.A.
District Court of Appeal of Florida
Decided June 27, 2012No. 3D11-1453PublishedCited by 9 opinions
1Opinion of the CourtRothenberg, J.
The defendant, Monica Vives (“Ms. Vives”), appeals from the denial of her motion to vacate the final judgment of foreclosure entered in favor of Wells Fargo Bank, N.A., etc. (“Wells Fargo”), and motion to cancel the foreclosure sale. We remand with instructions.
This appeal stems from a foreclosure action filed on March 4, 2009, by Wells Fargo against Ms. Vives, in which Wells Fargo sought to re-establish a lost or destroyed promissory note (Count I), and foreclose a mortgage on Ms. Vives’ home that Wells Fargo now owns and holds (Count II). The process server’s verified return of service was…
2Cases cited9 opinions
- Shurman v. Atlantic Mortg. & Inv. Corp.Supreme Court of Florida · 2001
- Re-Employment Services, Ltd. v. NLACDistrict Court of Appeal of Florida · 2007
- Robles-Martinez v. Diaz, Reus & Targ, LLPDistrict Court of Appeal of Florida · 2011
- Gonzalez v. TotalbankDistrict Court of Appeal of Florida · 1985
- Telf Corp. v. GomezDistrict Court of Appeal of Florida · 1996
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kiefert v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2014
- Murphy v. Cach, LLCDistrict Court of Appeal of Florida · 2017
- Frank Romeo and Connie Yang v. US Bank National AssociationDistrict Court of Appeal of Florida · 2014
- Sadlak v. Nationstar MortgageDistrict Court of Appeal of Florida · 2018
- DENSYL ALEXIS DIAZ RODRIGUEZ v. HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE ETC.District Court of Appeal of Florida · 2022
4 more not listed; retrieve them via the Exa API.