Consumer Finance Litigation

In BCML Holding LLC v. Wilmington Trust, N.A., the purchaser of a property at an association foreclosure sale for unpaid assessments contended that the first mortgage was void ab initio because title to the property wasn't acquired until after the first mortgage was signed. The Third District Court of Appeal held the after-acquired title doctrine applies to a non-party to the original mortgage who is a subsequent purchase of the property. On July 11, 2007, Gonzalo and Daniela Malesich ("Malesich") executed a note and purchase money mortgage which conveyed an interest in a ...