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FL 5thDCA Appeals Court Reversal “PURCHASERS’ DUE PROCESS VIOLATED” GIANTHONY HOMES, INC. v. US Bank National Association

FL 5thDCA Appeals Court Reversal “PURCHASERS’ DUE PROCESS VIOLATED” GIANTHONY HOMES, INC. v. US Bank National Association


IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

JANUARY TERM 2011

GIANTHONY HOMES, INC. and
AVONDALE DIVERSIFIED, INC
,
Appellants,

v.                                      Case No. 5D10-715

U.S. BANK NATIONAL
ASSOCIATION
, etc., et al.,
Appellees.
________________________________/
Opinion filed January 28, 2011

EVANDER, J.

Excerpt:

Based on these findings, it is clear that appellants’ procedural due process rights
were violated.
Shlishey the Best, Inc. v. CitiFinancial Equity Servs., Inc., 14 So. 3d
1271 (Fla. 2d DCA 2009) (purchasers’ right to procedural due process violated where
trial court entered order that vacated foreclosure sale and certificate of title when
purchaser had neither notice nor opportunity to be heard). Appellants were entitled to
receive a copy of U.S. Bank’s motion and an opportunity to be heard thereon. Dep’t. of
Transp. v. Baird, 992 So. 2d 378, 381 (Fla. 5th DCA 2008).

REVERSED and REMANDED.

LAWSON and JACOBUS, JJ., concur.

[ipaper docId=48109862 access_key=key-2cjrin0zpg8gccif8c04 height=600 width=600 /]

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Wells Fargo Loses Bid to Dismiss Fraud Claims: GUSTAVO REYES, ET AL., v. WELLS FARGO

Wells Fargo Loses Bid to Dismiss Fraud Claims: GUSTAVO REYES, ET AL., v. WELLS FARGO


UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

GUSTAVO REYES, ET AL., Plaintiffs,

v.

WELLS FARGO BANK, N.A., Defendant

[…]

IV. CONCLUSION

For the reasons stated above, Defendant’s Motion is GRANTED in part and DENIED in part
as follows: 1) the Motion is GRANTED as to Plaintiffs’ claim for breach of contract/breach of the
implied covenant of good faith and fair dealing, which is dismissed for failure to state a claim.
Because the Court concludes that Plaintiffs cannot state a claim by amending their complaint, this
claim is dismissed without leave to amend; 2) the Motion is GRANTED as to Plaintiffs’ claim for
restitution/rescission except as to Plaintiffs’ March payment, as to which Plaintiffs state a claim.
Otherwise, the claim is dismissed without leave to amend; 3) the Motion is DENIED as to Plaintiffs’
claim under the Rosenthal Act; and 4) the Motion is DENIED as to Plaintiffs’ unfair competition
claim under Cal. Bus. & Prof. Code §§ 17200 et seq.

IT IS SO ORDERED.

Dated: January 3, 2011

[ipaper docId=46601201 access_key=key-18r7livq9j20rvqfwc29 height=600 width=600 /]

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House Flippers in U.S. Crowd Courthouse Steps in Hunt for Deals: Bloomberg

House Flippers in U.S. Crowd Courthouse Steps in Hunt for Deals: Bloomberg


March 31, 2010, 12:16 AM EDT

By Prashant Gopal

March 31 (Bloomberg) — During the U.S. housing boom, even amateur investors could buy and sell a property within a couple of months and turn a profit. Today there’s nothing amateur about house flipping.

Homes with punctured walls and missing appliances draw multiple offers from professional investors at auctions in foreclosure-ridden states such as Arizona, California, Florida and Nevada. Competition is so stiff that experienced flippers such as Sergio Rodriguez and Brian Bogenn look back with nostalgia at last year, when they turned over 48 residences in the Phoenix area.

“A year ago, bums outnumbered bidders at the courthouse steps,” where many foreclosure auctions take place, Rodriguez said. “Now the bums are way outnumbered.”

Continue reading…BLOOMBERG

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