Rooney v. Wells Fargo Bank, N.A.
102 So. 3d 734
| Fla. Dist. Ct. App. | 2012Background
- Edward Rooney bought a condo and signed a note and mortgage to WAMU; Edith Rooney joined the mortgage but did not sign the note.
- Edward later transferred the unit to the Edward Patrick Rooney Revocable Trust; foreclosure filed in October 2007 against Edward and the trust; Edith joined to assert any interest but was not a property owner.
- Both Rooneys were served; only Edward answered; Edith defaulted; Edward’s counsel withdrew before trial and Edith was not represented.
- In March 2009 JP Morgan Chase bought the loan and mortgage from the FDIC; court substituted JPM for WAMU and on the same day WAMU filed the original note and mortgage with the court.
- Trial proceeded after mediation; on the day of trial, JPM moved to substitute Wells Fargo Bank, N.A. as Trustee of WAMU M-PR4 and attached an assignment; final judgment foreclosed the mortgage.
- Rooneys later moved to vacate the judgment, alleging lack of Edith’s trial notice and asserting a claim that the bank had a judgment for a nonexistent entity; discovery was struck and an evidentiary hearing held; they presented no evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there a colorable claim to vacate based on bank standing? | Rooney alleges Wells Fargo as Trustee lacks standing because the trust may not exist. | Bank has standing; note and mortgage were surrendered to the court; trust existence not in question for standing. | No colorable ground; discovery not required; denial affirmed. |
| Was Edith Rooney entitled to notice of the trial affecting her interests? | Edith should have notice for trial because of potential unliquidated damages. | Edith was not a note signer or mortgaged owner; no damages against her; no redemption rights. | No notice required; final judgment valid. |
Key Cases Cited
- SunTrust Bank v. Puleo, 76 So.3d 1037 (Fla. 4th DCA 2011) (determines colorable claim requires sworn proof; discovery not for unsworn allegations)
- U.S. Bank Nat’l Ass’n v. Paiz, 68 So.3d 940 (Fla. 3d DCA 2011) (standing claims on a motion to vacate relate to trust existence)
- Bodygear Activewear, Inc. v. Counter Intelligence Servs., 946 So.2d 1148 (Fla. 4th DCA 2006) (unliquidated damages require notice only if party is liable for such damages)
- Bowman v. Kingsland Dev., Inc., 432 So.2d 660 (Fla. 5th DCA 1983) (redeemer rights depend on ownership of mortgaged property)