RIVAS v. BANK OF NEW YORK MELLON FOR CERTIFICATE HOLDERS OF THE CWALT, INC., ALTERNATIVE LOAN TRUST 2006-33CB, MORTG. PASS-THROUGH CERTIFICATES, SERIES 2006-33CB

No. 4D17-3824.

244 So.3d 334 (2018)

Armando RIVAS, Appellant, v. The BANK OF NEW YORK MELLON f/k/a The Bank of New York, as trustee FOR The CERTIFICATE HOLDERS OF THE CWALT, INC., ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-33CB, Luz C. Rivas, Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB, Estates of Boynton Waters West Homeowners' Association, Inc., Tenant, Appellees.

District Court of Appeal of Florida, Fourth District.

June 13, 2018.


Attorney(s) appearing for the Case

Armando Rivas, Boynton Beach, pro se.

Nancy M. Wallace of Akerman LLP, Tallahassee, William P. Heller of Akerman LLP, Fort Lauderdale, and Adam G. Schwartz of Akerman LLP, West Palm Beach, for appellee The Bank of New York Mellon.


Affirmed. The appellant may not attack the underlying foreclosure judgment through appeal of an order granting possession of the property after sale. See Dalrymple, Sr. v. Wells Fargo Bank, N.A., 237 So.3d 389 (Fla. 4th DCA 2018). Appellant was not denied his right of redemption because the right of...

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