FL APPEALS 5th DCA REVERSAL "Race-Notice, Unrecorded Instrument" ARGENT v. WACHOVIA

Categorized | STOP FORECLOSURE FRAUD

FL APPEALS 5th DCA REVERSAL “Race-Notice, Unrecorded Instrument” ARGENT v. WACHOVIA

FL APPEALS 5th DCA REVERSAL “Race-Notice, Unrecorded Instrument” ARGENT v. WACHOVIA

ARGENT MORTGAGE COMPANY, LLC, Appellant,
v.
WACHOVIA BANK N.A., ETC., Appellee.

Case No. 5D09-4014.

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.
Continue reading below…

[ipaper docId=46108209 access_key=key-1r78fl2qmlex7j9bbjw1 height=600 width=600 /]

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Comments

comments

This post was written by:

- who has written 8715 posts on FORECLOSURE FRAUD | by DinSFLA.

CONTROL FRAUD | ‘If you don’t look; you don’t find, Wherever you look; you will find’ -William Black

Contact the author

2 Responses to “FL APPEALS 5th DCA REVERSAL “Race-Notice, Unrecorded Instrument” ARGENT v. WACHOVIA”

  1. JamesM says:

    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.

Trackbacks/Pingbacks

  1. […] This post was mentioned on Twitter by ForeclosureHamlet. ForeclosureHamlet said: RT @Din_SFLA: FL APPEALS 5th DCA REVERSAL “Race-Notice, Unrecorded Instrument” ARGENT v. WACHOVIA http://goo.gl/fb/MHQ2y […]


Leave a Reply

GARY DUBIN LAW OFFICES FORECLOSURE DEFENSE HAWAII and CALIFORNIA
Advertise your business on StopForeclosureFraud.com

Archives