207 So. 3d 923
Fla. Dist. Ct. App.2016Background
- In Nov. 2009 Deutsche Bank National Trust Company (Deutsche National) filed a foreclosure complaint and recorded a lis pendens; homeowners defaulted for failing to respond.
- Two years later the plaintiff moved to correct the named plaintiff nunc pro tunc to Deutsche Bank Trust Company Americas, as Trustee (Deutsche Americas); the court granted the correction but the caption and some references continued to use Deutsche National.
- A homeowners association later foreclosed on the same property, acquired title at sale, and then quitclaimed to State Trust Realty, LLC (State Trust).
- State Trust intervened in the pending foreclosure as a third‑party purchaser and defended, raising among other things lack of standing.
- After a bench trial the trial court entered final judgment of foreclosure in favor of Deutsche National; State Trust appealed, arguing lack of standing and that judgment was entered in favor of the wrong plaintiff name.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to foreclose | Deutsche Americas: standing established by complaint and nunc pro tunc correction; default admitted allegations. | State Trust: plaintiff never proved standing; third‑party purchaser can challenge standing. | State Trust cannot challenge standing—intervener is bound by the record at intervention, default admitted liability, and State Trust acquired title subject to lis pendens. |
| Incorrect plaintiff name on judgment | Deutsche Americas: name error was clerical; court had already corrected plaintiff nunc pro tunc. | State Trust: final judgment named a nonparty (Deutsche National). | Court affirmed foreclosure on merits but reversed and remanded to correct the plaintiff name on the final judgment. |
Key Cases Cited
- Krouse v. Palmer, 179 So. 762 (Fla. 1938) (an intervener is bound by the record at the time of intervention and cannot challenge the plaintiff’s claim)
- Whitburn, LLC v. Wells Fargo Bank, N.A., 190 So.3d 1087 (Fla. 2d DCA 2015) (lis pendens binds subsequent purchasers to the position of the owner at time of filing)
- Sosa v. U.S. Bank Nat’l Ass’n, 153 So.3d 950 (Fla. 4th DCA 2014) (standing to foreclose is reviewed de novo)
- Mullne v. Sea‑Tech Constr., Inc., 84 So.3d 1247 (Fla. 4th DCA 2012) (default admits truth of well‑pleaded allegations except damages)
- Arsali v. Chase Home Fin., LLC, 79 So.3d 845 (Fla. 4th DCA 2012) (recognizing Krouse interpretation of intervention rule)