District Court of Appeal of Florida, Fifth District.
Opinion filed December 30, 2010.
Jeffrey R. Dollinger, of Scruggs & Carmichael, P.A., Gainesville, for Appellant.
W. David Vaughn, of W. David Vaughn, P.A., Jacksonville, for Appellee.
GRIFFIN, J.
Argent Mortgage Company, LLC [“Argent”] appeals the trial court’s entry of judgment in favor of Wachovia Bank National Association, as Trustee Under Pooling and Servicing Agreement Dated as of November 1, 2004, Asset Backed Pass-Through Certificates Series 2004-WWF1 [“Wachovia”]. Argent argues that the trial court erred by finding that the mortgage now owned by Wachovia has priority over Argent’s mortgage. We reverse.
There are only 4 events that matter, the dates of the two executions and dates of the two redecoration of the documents.
Therefore it would have helped our understanding if the court had, in it’s summary of the facts, spelled out the execution dates and recording dates, or in the alternative included a brief time line.
Dec 30 opinion. So will see if it gets modified. I am sure one party will move for reconsideration, and if not may go for certification of the question to the Supreme Court. If they so move, I am sure the court will certify. So this probably will not be final for some time.
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There are only 4 events that matter, the dates of the two executions and dates of the two redecoration of the documents.
Therefore it would have helped our understanding if the court had, in it’s summary of the facts, spelled out the execution dates and recording dates, or in the alternative included a brief time line.
Dec 30 opinion. So will see if it gets modified. I am sure one party will move for reconsideration, and if not may go for certification of the question to the Supreme Court. If they so move, I am sure the court will certify. So this probably will not be final for some time.