Dawson v. Wachovia Bank, N.A.
61 So. 3d 1218
Fla. Dist. Ct. App.2011Background
- Dawson and Sonder Enterprises defaulted on a $340,000 mortgage secured by Miami-Dade commercial property; loan assigned to Wachovia and serviced for Wachovia.
- Wachovia filed foreclosure April 10, 2008; Dawson and Sonder delayed judgment through bankruptcy, forbearance, and transfers that later declared bankruptcy.
- Foreclosure proceeded with multiple sale date changes; forbearance required Sonder to waive defenses and Dawson to adhere to agreements.
- Sonder transferred the property to Debbie Dawson; Debbie Dawson’s bankruptcy was filed and then dismissed as bad faith; sale date rescheduled.
- Sale eventually occurred October 21, 2009 to a third-party bidder; Dawson filed emergency objections and related motions seeking relief, all denied.
- LeaseFlorida Development intervened, adopting Wachovia’s arguments; court affirmed, not addressing LeaseFlorida’s additional arguments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion denying relief to vacate judgment | Dawson argues relief needed under Rule 1.540(b) | Wachovia argues no basis as defenses waived and sale proper | No abuse; relief denied affirmed |
| Whether the 1.540(b) grounds support relief | Dawson asserts excusable neglect or fraud possible | Wachovia contends grounds unmet or immaterial | Grounds not met; relief denied |
| Whether the judgment was void or not satisfied | Dawson seeks voiding due to misappropriated funds or void judgment | Wachovia contends credits properly applied; judgment not void | Judgment not void; credits valid; affirmed |
Key Cases Cited
- Antar v. Seamiles, LLC, 994 So.2d 439 (Fla. 3d DCA 2008) (stability of stipulations binding on parties and court)
- Aegis Props. of S. Fla. v. Avalon Master Homeowner Ass’n, Inc., 37 So.3d 960 (Fla. 4th DCA 2010) (excusable neglect not shown; forbearance terms binding)
- Greenwich Ass’n, Inc. v. Greenwich Apts., Inc., 979 So.2d 1116 (Fla. 3d DCA 2008) (fraud must affect outcome; not shown)
- Freemon v. Deutsche Bank Trust Co. Ams., 46 So.3d 1202 (Fla. 4th DCA 2010) (fraud allegations lacking material impact)
- Balbin v. Lexington Ins. Co., 982 So.2d 10 (Fla. 3d DCA 2008) (motion for relief from judgment time limits; not met)
- Phenion Dev. Group, Inc. v. Love, 940 So.2d 1179 (Fla. 5th DCA 2006) (renewed grounds for relief require discretion)