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WELLS FARGO BANK, N.A. v. ARISTO MORTG.

No. 3D12-3012.

110 So.3d 99 (2013)

WELLS FARGO BANK, N.A., Appellant, v. ARISTO MORTGAGE, LLC, etc., Appellee.

District Court of Appeal of Florida, Third District.

March 20, 2013.

Attorney(s) appearing for the Case

Moskowitz, Mandell, Salim & Simowitz, and Todd A. Armbruster , Fort Lauderdale, for appellant.

Arnaldo Velez , for appellee.

Before LAGOA, SALTER and LOGUE, JJ.

SALTER, J.

Wells Fargo Bank, N.A., appeals an order denying its motion to vacate a judgment disbursing approximately $176,000 in surplus funds from a foreclosure sale to Aristo Mortgage, LLC, the appellee. Wells Fargo and Aristo were defendants in the foreclosure action by virtue of second and third mortgage liens, respectively.

The complaint and Wells Fargo's post-sale motion for disbursement of the excess proceeds established the priority of Wells Fargo...

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