Wells Fargo v. Lupica, 36 So.3d 875
Jun 04, 2010OUTCOME: Reversed by appellate court
Trial court's action in denying bank's unopposed motion to vacate foreclosure sale constituted a gross abuse of discretion, where denial flew in the face of principle that settlements between litigants ... in foreclosure proceedings are favored, there was no basis for trial court to reject bank's counsel's representation, as an officer of the court, that an agreement had been reached between the parties, and it was not necessary for bank to attach a stipulation and/or copy of a signed loan modification or forbearance agreement to its motion to vacate.
