Thriving Investments, LLC v. Chao

184 So. 3d 552, 2015 Fla. App. LEXIS 19214, 2015 WL 9319144

• Court: District Court of Appeal of Florida
• Decided: December 23, 2015
• Docket: 3D15-1599
• Status: Published

Opinion

LOGUE, J.

Thriving Investments, LLC, a third-party purchaser, appeals the denial of its motion to set aside a final judgment of foreclosure. After purchasing a property at a judicial foreclosure sale, the third-party purchaser apparently became aware that the final judgment might have foreclosed only a second mortgage and the purchased property might be subject to a first mortgage. The third-party purchaser moved to set aside the final judgment upon which the foreclosure sale was based. In moving to set aside the final judgment, which had been agreed to by the parties to the foreclosure action, the third-party purchaser contended that the foreclosing plaintiff lacked standing to foreclose, the judgment awarded excess interest, and the underlying motion for summary judgment contained factual misrepresentations. The trial court properly held that the third-party purchaser was a stranger to the foreclosure action and lacked standing to vacate the final judgment of foreclosure. This appeal is accordingly dismissed because “[t]he general rule is that a non-party is a stranger to the record who cannot transfer jurisdiction to the appellate court.” YHT & Assocs., Inc. v. Nationstar Mortg., LLC, 177 So.3d 641 (Fla. 2d DCA 2015) (citations and quotations omitted).

Dismissed.