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PALACIOS v. FLORIDA FUNDING TRUST

No. 2D09-3335.

32 So.3d 167 (2010)

Jose Edilberto PALACIOS, Appellant, v. FLORIDA FUNDING TRUST; Easy Homes 123, LLC, as Trustee of the Marigold # 1441 Trust dated 01/07/06; Lynn Browning, Beneficiary of the Marigold # 1441 Trust dated 01/07/06; Wachovia Bank, N.A.; and Barbara Collins, Appellees.

District Court of Appeal of Florida, Second District.

March 26, 2010.

Attorney(s) appearing for the Case

Jean Marie Henne of Jean M. Henne, P.A., Winter Haven, for Appellant.

Marie Tomassi and Lisa Easler of Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A., St. Petersburg, for Appellee Wachovia Bank, N.A.

No appearance for Appellees Florida Funding Trust; Easy Homes 123, LLC, as Trustee of the Marigold # 1441 Trust dated 01/07/06; Lynn Browning, Beneficiary of the Marigold #1441 Trust dated 01/07/06; and Barbara Collins.

CASANUEVA, Chief Judge.

Pursuant to a final judgment of foreclosure, the Clerk of Court for Polk County held a foreclosure sale at which Appellant Jose Edilberto Palacios was the successful bidder. After this sale, the circuit court substantially modified the final judgment of foreclosure by reducing the amount the foreclosing first mortgagee, Appellee Florida Funding Trust, was owed on its first mortgage. When the circuit court refused to set aside the sale on Mr...

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