LOGS NETWORK
  • LOGS NETWORK
  • ABOUT
  • CAREERS
  • STATES
  • PRACTICES
  • SALES
  • CONTACT

Third-party Purchaser's Argument Rejected

2/12/2021

 
FLORIDA CASE LAW UPDATES
WELLS FARGO BANK V. DIAS, 2D19-3256 (Fla. 2nd DCA Feb. 12, 2021).

​The Court held a party who purchased the property at a homeowners association lien foreclosure sale during the pendency of a senior lien mortgage foreclosure action had no standing to raise the mortgagor’s forgery defense at trial in the foreclosure action (the mortgagor did not participate at the trial). There is a presumption that the mortgagor’s signature on the note and mortgage is authentic. The Court also rejected the third-party purchaser’s argument that the lender was required to prove the mortgagors’ continued marriage (the property was held by the mortgagors as tenants by the entireties) to prevail against them on its foreclosure claim.

Comments are closed.
    Picture
    SIGN UP FOR UPDATES

    Archives

    July 2021
    June 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    September 2020
    August 2020
    May 2020
    April 2020

    Categories

    All
    Case Law
    CFPB
    Federal
    Florida
    Indiana
    Kentucky
    Maryland
    Minnesota
    Mississippi
    Network News
    New Jersey
    New York
    Ohio
    Pennsylvania
    Remote Notarizations
    State Law
    Virginia

    RSS Feed

​Contact Us   |   States of Service   |  About Us  |  Privacy
Website by SQFT.Management
Picture
© COPYRIGHT 2023. ALL RIGHTS RESERVED.
  • LOGS NETWORK
  • ABOUT
  • CAREERS
  • STATES
  • PRACTICES
  • SALES
  • CONTACT