CLAY COUNTY LAND TRUST, APPELLANT,
v.
HSBC BANK USA, NATIONAL ASSOCIATION AS INDENTURE TRUSTEE FOR FBR SECURITIZATION TRUST 2005-3, CALLABLE MORTGAGE-BACKED NOTES, 2005-3, APPELLEE
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Clay County Land Trust appeals a foreclosure judgment, but the appellate court dismisses the appeal as moot and applies judicial estoppel because the Land Trust surrendered all interests in the property in a related bankruptcy proceeding, making further challenge to the foreclosure judgment inconsistent with its bankruptcy position.
The appeal is dismissed as moot. The appellant is judicially estopped from proceeding with its challenge to the foreclosure judgment because the stipulation in bankruptcy, wherein it surrendered all interests in the property, renders any further challenge to the foreclosure totally inconsistent with positions taken in the separate bankruptcy proceeding.
[1] A stipulation in a bankruptcy proceeding wherein a party surrenders all interest in a property renders an appeal challenging a foreclosure judgment on that property moot.
[2] Judicial estoppel prevents a party from taking a position in an appeal that is inconsistent with a prior stipulation entered in a bankruptcy proceeding.
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Join FLexlaw to unlock all legal intelligence“the equitable doctrine of judicial estoppel prevents litigants from taking totally inconsistent positions in separate judicial proceedings to the prejudice of the adverse party”
Establishes the legal standard for judicial estoppel applied to bar the appeal
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Join FLexlaw to unlock all legal intelligenceClay County Land Trust owned property that was subject to foreclosure by HSBC Bank USA, National Association as indenture trustee. A foreclosure judgm…
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Appellant, Clay County Land Trust, appeals a foreclosure judgment entered in favor of Appellee, HSBC Bank USA, National Association. During the pen-dency of this appeal, a bankruptcy proceeding was initiated involving several land trusts, including Appellant, and several properties, including the one at issue in this case. Appellee has now moved to dismiss this appeal based upon a stipulation that was entered in the bankruptcy proceeding wherein the land trusts, including Appellant, “surrendered] any and all of their interest(s)” in the properties. We agree with Appellee that the stipulation rendered this appeal moot and that Appellant is judicially estopped from now proceeding with its challenge to the foreclosure judgment. See Olmsted v. Emmanuel, 783 So.2d 1122, 1126 (Fla. 1st DCA 2001) (noting that the equitable doctrine of judicial estoppel prevents litigants from taking totally inconsistent positions in separate judicial proceedings to the prejudice of the adverse party); see also In re Metzler, 530 B.R. 894, 899 (Bankr. M.D. Fla. 2015) (holding that the term “surrender” means “not taking an overt act to prevent the secured creditor from foreclosing its interest in the secured property”); Rivera v. Bank of Am., N.A., 190 So.3d 267, 267 (Fla. 5th DCA 2016) (dismissing the appeal, noting that the appellant admitted in the bankruptcy proceeding that he owed a mortgage debt to the appellee and the bankruptcy court entered an order confirming the debt and “surrender” of the property, and determining that “Appellant’s actions and the orders of the bankruptcy court have fully resolved' this matter”). We, therefore, grant Appellee’s motion and dismiss this appeal. ■
DISMISSED.
LEWIS, B.L. THOMAS, and ROWE, JJ., CONCUR.
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Citator
Cited By
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Sayles v. Nationstar Mortg., LLC, 268 So. 3d 723 (Fla. 4th DCA 2018)
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Lewis v. Innova Inv. Grp., LLC (Fla. 2d DCA 2019)…So. 3d 723, 727 (Fla. 4th DCA 2018) (holding that the borrower was judicially estopped from contesting standing in the foreclosure action because Sayles surrendered the property in her bankruptcy case); Clay Cty. Land Tr. v. HSBC Bank USA, N.A., 219 So. 3d 1015, 1016 (Fla. 1st DCA 2017) (concluding that after stipulating to the surrender of the properties in the bankruptcy proceeding, the land trust was estopped from challenging the foreclosure); see also In re Failla, 838 F.3d 1170, 1178 (11th Cir. 201…
Authorities Cited
- Jorg M. Rivera v. Bank OF Am., N.A., 190 So. 3d 267 (Fla. 5th DCA 2016)
- Leatrice M. Blum v. Blum, 783 So. 2d 1122 (Fla. 4th DCA 2001)
- Olmsted v. Emmanuel, 783 So. 2d 1122 (Fla. 1st DCA 2001)