Fourth District Agreed with the Trial Court that Foreclosure Judgment in Favor of Junior Mortgage was Void

FLORIDA CASE LAW UPDATES
WELLS FARGO BANK, N.A. V. TAN, 4D20-613 (Fla. 4th DCA May 5, 2021) 

The Fourth District agreed with the trial court that the foreclosure judgment in favor of a junior mortgagee was void as to a senior mortgagee whose mortgage had been recorded before that of the junior mortgagee. In addition, the trial court erred in finding that the senior mortgagee’s motion to vacate that foreclosure judgment was not timely filed, as a party may move to vacate a void judgment at any time. Nevertheless, the Fourth District affirmed the order denying the senior mortgagee’s motion to vacate judgment because it also agreed with the trial court that section 702.036, Florida Statutes, barred the court from vacating the judgment where the vacation of judgment would adversely impact the quality and character of title to the property since that property had been purchased by bona fide third parties after the foreclosure sale. Document Link