Whitburn, LLC v. Deutsche Bank Nat'l Trust Co.

• Decision Date: 06 January 2016
• Docket Number: No. 2D15–503.,2D15–503.
• Citation: 188 So.3d 881 (Mem)
• Parties: WHITBURN, LLC as Trustee Only, under the HC 13–1012 Land Trust, Petitioner, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, as Indenture Trustee for American Home Mortgage Investment Trust 2005–2 ; Bhemaul Ragoobir; Vilma Ragoobir; South Bay Lakes Homeowner's Association, Inc.; and Unknown Tenant n/k/a Aisha Waller, Respondents.
• Court: Florida District Court of Appeals

188 So.3d 881 (Mem)

WHITBURN, LLC as Trustee Only, under the HC 13–1012 Land Trust, Petitioner,

v.DEUTSCHE BANK NATIONAL TRUST COMPANY, as Indenture Trustee for American Home Mortgage Investment Trust 2005–2 ; Bhemaul Ragoobir; Vilma Ragoobir; South Bay Lakes Homeowner's Association, Inc.; and Unknown Tenant n/k/a Aisha Waller, Respondents.

No. 2D15–503.

District Court of Appeal of Florida, Second District.

Jan. 6, 2016.

Heather A. DeGrave of Walters, Levine, Klingensmith & Thomison, P.A., Tampa, for Petitioner.

Jeremy W. Harris and David F. Knobel of Morris, Laing, Evans, Brock & Kennedy, Chtd., West Palm Beach; and Morgan L. Weinstein of Van Ness Law Firm, PLC, Deerfield Beach, for Respondent Deutsche Bank National Trust Company, as Indenture Trustee for American Home Mortgage Investment Trust 2005–2.

No appearance for remaining Respondents.

BLACK, Judge.

Whitburn, LLC, as trustee only under the HC 13–1012 Land Trust, seeks certiorari review of the trial court's postjudgment order striking its objection to the foreclosure sale in the underlying mortgage foreclosure action. Whitburn, a nonparty to the mortgage foreclosure action, contends that the trial court denied it procedural due process by striking its objection to the foreclosure sale and that the sale abrogated Whitburn's redemption rights. Because the order at issue is final as to Whitburn, we convert this proceeding to an appeal from a final order. We affirm the order striking the objection without further comment. See generally Whitburn, LLC v. Wells Fargo Bank. N.A., No. 2D14–5563, 2015 WL 9258474 (Fla. 2d DCA Dec. 18, 2015).

VILLANTI, C.J., and NORTHCUTT, J., Concur.