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RODRIGUEZ v. WACHOVIA MORTGAGE, FSB, 209 So.3d 687 (2017)

Court: Court of Appeals of Florida Number: inflco20170301184 Visitors: 13
Filed: Mar. 01, 2017
Latest Update: Mar. 01, 2017
Summary: CONFESSION OF ERROR PER CURIAM . Appellant, Victor Rodriguez ("Rodriguez"), appeals from the entry of a Final Foreclosure Judgment in favor of Appellee, Wells Fargo Bank, N.A., as successor in interest to Wachovia Mortgage, FSB (the "Bank"). The Bank concedes that Rodriguez was not a party below. Based on the Bank's confession of error, we reverse the trial court's entry of Final Judgment of Foreclosure, and remand to the trial court for vacatur of the Final Judgment of Foreclosure. 1 Foo
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CONFESSION OF ERROR

Appellant, Victor Rodriguez ("Rodriguez"), appeals from the entry of a Final Foreclosure Judgment in favor of Appellee, Wells Fargo Bank, N.A., as successor in interest to Wachovia Mortgage, FSB (the "Bank"). The Bank concedes that Rodriguez was not a party below. Based on the Bank's confession of error, we reverse the trial court's entry of Final Judgment of Foreclosure, and remand to the trial court for vacatur of the Final Judgment of Foreclosure.1

FootNotes


1. On remand, the Bank may file a motion to amend the complaint to include the proper parties.
Source:  Leagle

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