English v. Bankers Trust Company of California, N.A.
Florida District Court of Appeal
895 So.2d 1120 (2005)
- Written by Rich Walter, JD
Facts
Bankers Trust Company of California, N.A. (the bank) (plaintiff) sued Shana English (codefendant) for defaulting on her mortgage payments. The trial court ruled in the bank’s favor, assessed a deficiency judgment against English, and ordered the foreclosure sale of her house. After buying the house, the bank learned that English had previously transferred title to Lesa Investments (Lesa) (codefendant). The bank filed a second foreclosure action naming both English and Lesa as defendants. English did not dispute any of the foregoing facts, but she responded that because of the prior foreclosure action and sale, res judicata precluded her joinder as a party to the second action. Once again, the court ruled in the bank’s favor, assessed a deficiency judgment, and ordered a new foreclosure sale. English appealed her joinder to the state appellate court.
Rule of Law
Issue
Holding and Reasoning (Stone, J.)
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