SALAM v. U.S. BANK NAT. ASSOCIATION

No. 4D16-1693.

233 So.3d 473 (2017)

Abdul SALAM and Ghazala K. Salam, Appellants, v. U.S. BANK NATIONAL ASSOCIATION, as Trustee, Successor in Interest to Wachovia Bank, National Association, as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-AR13; Wells Fargo Bank N.A.; the Town Foundation, Inc.; the Ridges Maintenance Association, Inc.; Any and All Unknown Parties Claiming by, through, Under and Against the Herein Named Individual Defendant(s) Who Are Not Known to be Dead or Alive, whether Said Unknown Parties May Claim an Interest as Spouses, Heirs, Devisees, Grantees, or Other Claimants; Unknown Tenant 1; Unknown Tenant 2; Unknown Tenant 3; and Unknown Tenant 4; the Names Being Fictitious to Account for Parties in Possession, Appellees.

District Court of Appeal of Florida, Fourth District.

December 20, 2017.


Attorney(s) appearing for the Case

Chase E. Jenkins of Loan Lawyers, LLC, Fort Lauderdale, for appellants.

Sara F. Holladay-Tobias , C.H. Houston, III , and Monica L. Haddad Forbes of McGuireWoods LLP, Jacksonville, for appellee U.S. Bank National Association, As Trustee, Successor In Interest To Wachovia Bank, National Association, As Trustee For Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-AR13.


In this appeal from a foreclosure judgment, Abdul and Ghazala Salam ("the homeowners") argue that the trial court erred in denying their motion for involuntary dismissal and entering a final judgment where the mortgage did not contain a legal description for the property. We find that the plaintiff in the underlying foreclosure suit presented...

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