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Whitburn, LLC v. Deutsche Bank National Trust Co.

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Jan 6, 2016
188 So. 3d 881 (Fla. Dist. Ct. App. 2016)

Opinion

No. 2D15–503.

01-06-2016

WHITBURN, LLC as Trustee Only, under the HC 13–1012 Land Trust, Petitioner, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, as Indenture Trustee for American Home Mortgage Investment Trust 2005–2; Bhemaul Ragoobir; Vilma Ragoobir; South Bay Lakes Homeowner's Association, Inc.; and Unknown Tenant n/k/a Aisha Waller, Respondents.

Heather A. DeGrave of Walters, Levine, Klingensmith & Thomison, P.A., Tampa, for Petitioner. Jeremy W. Harris and David F. Knobel of Morris, Laing, Evans, Brock & Kennedy, Chtd., West Palm Beach; and Morgan L. Weinstein of Van Ness Law Firm, PLC, Deerfield Beach, for Respondent Deutsche Bank National Trust Company, as Indenture Trustee for American Home Mortgage Investment Trust 2005–2. No appearance for remaining Respondents.


Heather A. DeGrave of Walters, Levine, Klingensmith & Thomison, P.A., Tampa, for Petitioner. Jeremy W. Harris and David F. Knobel of Morris, Laing, Evans, Brock & Kennedy, Chtd., West Palm Beach; and Morgan L. Weinstein of Van Ness Law Firm, PLC, Deerfield Beach, for Respondent Deutsche Bank National Trust Company, as Indenture Trustee for American Home Mortgage Investment Trust 2005–2.

No appearance for remaining Respondents.

Opinion

BLACK, Judge.

Whitburn, LLC, as trustee only under the HC 13–1012 Land Trust, seeks certiorari review of the trial court's postjudgment order striking its objection to the foreclosure sale in the underlying mortgage foreclosure action. Whitburn, a nonparty to the mortgage foreclosure action, contends that the trial court denied it procedural due process by striking its objection to the foreclosure sale and that the sale abrogated Whitburn's redemption rights. Because the order at issue is final as to Whitburn, we convert this proceeding to an appeal from a final order. We affirm the order striking the objection without further comment. See generally Whitburn, LLC v. Wells Fargo Bank. N.A., No. 2D14–5563, 2015 WL 9258474 (Fla. 2d DCA Dec. 18, 2015).

VILLANTI, C.J., and NORTHCUTT, J., Concur.


Summaries of

Whitburn, LLC v. Deutsche Bank National Trust Co.

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Jan 6, 2016
188 So. 3d 881 (Fla. Dist. Ct. App. 2016)
Case details for

Whitburn, LLC v. Deutsche Bank National Trust Co.

Case Details

Full title:WHITBURN, LLC as Trustee Only, under the HC 13-1012 Land Trust…

Court:DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

Date published: Jan 6, 2016

Citations

188 So. 3d 881 (Fla. Dist. Ct. App. 2016)