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702.036 Finality of mortgage foreclosure judgment.—
(1)(a) In any action or proceeding in which a party seeks to set aside, invalidate, or challenge the validity of a final judgment of foreclosure of a mortgage or to establish or reestablish a lien or encumbrance on the property in abrogation of the final judgment of foreclosure of a mortgage, the court shall treat such request solely as a claim for monetary damages and may not grant relief that adversely affects the quality or character of the title to the property, if:1. The party seeking relief from the final judgment of foreclosure of the mortgage was properly served in the foreclosure lawsuit as provided in chapter 48 or chapter 49.2. The final judgment of foreclosure of the mortgage was entered as to the property.3. All applicable appeals periods have run as to the final judgment of foreclosure of the mortgage with no appeals having been taken or any appeals having been finally resolved.4. The property has been acquired for value, by a person not affiliated with the foreclosing lender or the foreclosed owner, at a time in which no lis pendens regarding the suit to set aside, invalidate, or challenge the foreclosure appears in the official records of the county where the property was located.(b) This subsection does not limit the right to pursue any other relief to which a person may be entitled, including, but not limited to, compensatory damages, punitive damages, statutory damages, consequential damages, injunctive relief, or fees and costs, which does not adversely affect the ownership of the title to the property as vested in the unaffiliated purchaser for value.(2) For purposes of this section, the following, without limitation, shall be considered persons affiliated with the foreclosing lender:(a) The foreclosing lender or any loan servicer for the loan being foreclosed;(b) Any past or present owner or holder of the loan being foreclosed;(c) Any maintenance company, holding company, foreclosure services company, or law firm under contract to any entity listed in paragraph (a), paragraph (b), or this paragraph, with regard to the loan being foreclosed; or(d) Any parent entity, subsidiary, or other person who directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, any entity listed in paragraph (a), paragraph (b), or paragraph (c).(3) After foreclosure of a mortgage based upon the enforcement of a lost, destroyed, or stolen note, a person who is not a party to the underlying foreclosure action but who claims to be the person entitled to enforce the promissory note secured by the foreclosed mortgage has no claim against the foreclosed property after it is conveyed for valuable consideration to a person not affiliated with the foreclosing lender or the foreclosed owner. This section does not preclude the person entitled to enforce the promissory note from pursuing recovery from any adequate protection given pursuant to s. 673.3091 or from the party who wrongfully claimed to be the person entitled to enforce the promissory note under s. 702.11(2) or otherwise, from the maker of the note, or from any other person against whom it may have a claim relating to the note.
Jan 19, 2011
Judgment on Appeal
Circuit Civil
Duval County, FL
Filing # 128844222 E-Filed 06/16/2021 09:59:12 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.. CACE 17-012278 (11) WELLS FARGO BANK, N.A., AS TRUSTEE ON BEHALF OF THE HOLDERS OF STRUCTURED ASSET MORTGAGE INVESTMENTS II, INC., BEAR STEARNS MORTGAGE FUNDING TRUST 2006-AR5, MORTGAGE PASS- THROUGH CERTIFICATESERIES 2006-AR5, Plaintiff, V THANYAKORNATSAWAMAHAKUL, ET. AL. Defendants. i NISSIM SHANI and MICHELE S…
Broward County, FL
Jun 16, 2021
Real Prop Non-Homestead Res Fore =/>$250,000
Filing # 176706663 E-Filed 07/05/2023 12:05:10 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CIVIL ACTION NO: 2019 CA 000367 OC DIVISION: 22 …
Osceola County, FL
Jul 05, 2023
OTHER - OTHER CIVIL
Filing # 128953797 E-Filed 06/17/2021 12:07:39 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.. CACE 17-012278 (11) WELLS FARGO BANK, N.A., AS TRUSTEE ON BEHALF OF THE HOLDERS OF STRUCTURED ASSET MORTGAGE INVESTMENTS II, INC., BEAR STEARNS MORTGAGE FUNDING TRUST 2006-AR5, MORTGAGE PASS- THROUGH CERTIFICATESERIES 2006-AR5, Plaintiff, V THANYAKORNATSAWAMAHAKUL, ET. AL. Defendants. i NISSIM SHANI and MICHELE S…
Broward County, FL
Jun 17, 2021
Real Prop Non-Homestead Res Fore =/>$250,000
Filing # 46214792 E-Filed 09/08/2016 04:08:32 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502008CA028103XXXXMB NATIONSTAR MORTGAGE LLC, Plaintiff, vs. CHARLES REYNOLDS, et al. Defendants. / NATIONSTAR'S' OPPOSITION TO a There is no basis for an award of damages in favor of defendant Charles Reynolds. He successfully appealed the final foreclosure judgment. His title to the property is restored— section 702.036, Florida…
Palm Beach County, FL
Sep 08, 2016
REAL PROPERTY/FORECLOSURE
Filing # 133219644 E-Filed 08/23/2021 03:20:53 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FORBROWARD COUNTY, FLORIDA Case No.: CACE-17-012278 Division: 11 WELLS FARGO BANK, N.A., AS TRUSTEE, ON BEHALF OF THE HOLDERS OF STRUCTURED ASSET MORTGAGE INVESTMENTS II, INC., BEAR STEARNS MORTGAGE FUNDING TRUST 2006-AR, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR5, Plaintiff. VS. THANYAKORNATSAWAMAHAKUL, et al., Defendants. i PLAINTIFF'S NOTICE OF FIL…
Broward County, FL
Aug 23, 2021
Real Prop Non-Homestead Res Fore =/>$250,000
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