BARRY v. VANTIUM CAPITAL, INC.

No. 2D14-3200.

198 So.3d 43 (2015)

Matthew BARRY and Maribeth Ruff, Appellants, v. VANTIUM CAPITAL, INC., as successor to Wells Fargo Bank, N.A., Appellee.

District Court of Appeal of Florida, Second District.

September 4, 2015.


Attorney(s) appearing for the Case

Brett C. Powell , Kristen Perkins , and Alexander Brockmeyer of The Powell Law Firm, P.A., Fort Myers, for Appellants.

P. Brandon Perkins of Rogers Towers P.A., Fort Myers (withdrew after briefing and oral argument); Scott A. Kuhn of Kuhn Law Firm, P.A., Fort Myers (substituted as counsel of record), for Appellants.

Jordan C. Rubin and Ryan Wagner of Lawcraft, Plantation, for Appellee.


Wells Fargo Bank, N.A., obtained a final judgment of foreclosure against Matthew Barry and Maribeth Ruff in April 2010, and it purchased their property at the foreclosure sale. The circuit court retained jurisdiction to enter a deficiency judgment but Wells Fargo never sought one. In June 2013, Vantium Capital, Inc., moved to substitute...

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