INC. V. US Bank | FORECLOSURE FRAUD | by DinSFLA

Tag Archive | "INC. v. US Bank"

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 /]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in STOP FORECLOSURE FRAUDComments (0)


GARY DUBIN LAW OFFICES FORECLOSURE DEFENSE HAWAII and CALIFORNIA
Chip Parker, www.jaxlawcenter.com
Kenneth Eric Trent, www.ForeclosureDestroyer.com
Advertise your business on StopForeclosureFraud.com

Archives