What if the plaintiff changes in the middle of a foreclosure action?

Asked about 1 year ago - Boynton Beach, FL

The original plaintiff was a trustee to a Wall Street investment fund. During the lawsuit, the plaintiff purportedly resigned as trustee and a successor trustee was appointed. There was finally a summary judgment in favor of the plaintiff, but it showed the name of the original plaintiff, not the successor trustee. This is obviously incorrect, but WHAT IS THE LEGAL EFFECT OF SUCH A JUDGMENT? Common sense says that there should have been a substitution of the successor trustee for the former trustee. Strangely, at the sheriff's sale the property was purchased by the FORMER trustee.

Attorney answers (4)

  1. Jeffrey B. Lampert

    Pro

    Contributor Level 19

    5

    Lawyers agree

    1

    Answered . What part of the summary judgment showed the name of the original plaintiff--the style of the case or the body.

    The style is at the top of the pleadings. In the Circuit Court of the 15th Judicial Circuit

    Original Trustee
    v
    Homeowner
    ________________________/

    That portion of pleadings is not supposed to change. It is only for identification of the case.

    If the judgment was entered in favor of the original Plaintiff, then THAT would be problematic, but if in the body of the document the new Trustee is named, that is appropriate.

    I hope you found this response to be helpful. If so, your clicking "helpful" and/or "best answer" helps my Avvo... more
  2. Margery Ellen Golant

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Sadly, many of the things that are happening in Palm Beach circuit court defy common sense. However, it is impossible to answer your question without a detailed understanding of what the complaint and judgment look like and what defensive issues were raised, if any.

    Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-... more
  3. Omaida Delgado

    Pro

    Contributor Level 7

    1

    Lawyer agrees

    Answered . It is not uncommon for a plaintiff to be substituted for another plaintiff in a foreclosure case. The case style will not change in the pleadings even when there has been a change. However, the new plaintiff will be named in the body of the pleadings.

  4. Scott Michael Gross

    Contributor Level 7

    Answered . As my colleagues have mentioned, there is a difference between a case caption and the body of the pleading. In any event, the plaintiff and/or case style should not change without court approval. In Palm Beach County specifically, the foreclosure judges are reluctant to make any changes to the case caption - issuing orders in line with Trawick's Florida Practice and Procedure guide and finding that there is almost no reason a caption should be altered. That said, changing plaintiffs in the middle of a foreclosure action is not uncommon.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,721 answers this week

2,990 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,721 answers this week

2,990 attorneys answering