The Trial Court dismissed a foreclosure action with prejudice and canceled the note and mortgage as a sanction because of failure to amend the complaint and withdraw lost note affidavits when the plaintiff had found the note.  The note was discovered 2 years into the foreclosure in the possession of the servicer.  The court issued an Order to Show Cause, neither side appeared.

the 3rd DCA reasoned that while the mortgagee’s negligence and lack of due diligence wasted the court’s time and that of opposing counsel, it did not rise to the level of fraud on the court.

http://www.3dca.flcourts.org/opinions/3D14-1015.pdf

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: [email protected]

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