JOSE EDILBERTO PALACIOS, Appellant, v. FLORIDA FUNDING TRUST; EASY HOMES 123, LLC, as Trustee of the Marigold #1441 Trust dated 01/07/06; LYNN BROWNING, Beneficiary of the Marigold #1441 Trust dated 01/07/06; WACHOVIA BANK, N.A.; and BARBARA COLLINS, Appellees. 2nd District. Case No. 2D09-3335. Opinion filed March 26, 2010. Appeal pursuant to Fla. R. App. P. 9.130 from the Circuit Court for Polk County, Dick Prince, Judge. Counsel: Jean Marie Henne of Jean M. Henne, P.A., Winter Haven, for Appellant. Marie Tomassi and Lisa Easler of Trenam, Kemker, Scharf, Barkin, Frye, O’Neill & Mullis, P.A., St. Petersburg, for Appellee Wachovia Bank, N.A. No appearance for Appellees Florida Funding Trust; Easy Homes 123, LLC, as Trustee of the Marigold #1441 Trust dated 01/07/06; Lynn Browning, Beneficiary of the Marigold #1441 Trust dated 01/07/06; and Barbara Collins. (CASANUEVA, Chief Judge.) Pursuant to a final judgment of foreclosure, the Clerk of Court for Polk County held a foreclosure sale at which Appellant Jose Edilberto Palacios was the successful bidder. After this sale, the circuit court substantially modified the final judgment of foreclosure by reducing the amount the foreclosing first mortgagee, Appellee Florida Funding Trust, was owed on its first mortgage. When the circuit court refused to set aside the sale on Mr. Palacios’ motion to vacate it, he appealed. We reverse.
Florida’s 2nd District Court of Appeals- STANDING UP FOR CONSUMERS, DEFENDING THE RULE OF LAW
Share the Post
About the Author
Matt Weidner is known as a persistent, diligent and competent advocate passionate about protecting consumers. First admitted as member to the Florida Bar Association in 1999 he is admitted to practice in the Federal Court, Middle District of Florida, Northern District of Florida and the United States Court of Appeals for the Federal 11th Circuit in Atlanta, Georgia. Mr. Weidner has been practicing civil litigation since 1999 and has represented clients in foreclosure, consumer and commercial finance transactions and civil litigation since that time.