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VILVAR v. DEUTSCHE BANK TRUST CO. AMERICAS

No. 4D11-457.

83 So.3d 853 (2011)

Margarette R. VILVAR, Appellant, v. DEUTSCHE BANK TRUST COMPANY AMERICAS formerly known as Banker's Trust Company, Ixis 2005-HE4 as Trustee and Custodian By: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc., as its Attorney-in-Fact, Appellee.

District Court of Appeal of Florida, Fourth District.

December 21, 2011.

Attorney(s) appearing for the Case

Garry W. Johnson and Bruce K. Herman of 511 Law, P.A., Fort Lauderdale, for appellant.

Jeffrey M. Gano of Florida Default Law Group, P.L., Tampa, for appellee.

DAMOORGIAN, J.

Margarette R. Vilvar appeals a non-final order denying her motion to vacate an amended final summary judgment of foreclosure. Concluding that Vilvar's claims have no merit, we affirm and write only to address the insufficiency of the allegations of fraud and misrepresentation contained in Vilvar's motion to vacate.

The underlying foreclosure action was commenced five years ago when Vilvar failed to pay her mortgage.1

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