🔏 Third Foreclosure Filed — Res Judicata and Non-Existent Party Challenge | 22-1137 | FL DCA

Bank of New York Melon v. Veritzo | Case No. 22-1137 | Florida District Court of Appeal

Pro se defendant David Veritzo argues against a third foreclosure action filed by Bank of New York Melon following two prior dismissals — including one where this court issued a mandate to dismiss. The central issues are: (1) whether res judicata bars the third action under the Ferrero and Green Tree doctrine for open-ended series of mortgage defaults, (2) whether "Bank of New York" (without "Melon" or proper corporate entity identifier) lacks standing as a non-existent legal entity, and (3) whether the mortgage loan schedule identifies the correct loan and trust.

Key issues addressed:
- Res judicata in foreclosure — Ferrero/Green Tree doctrine; open-ended series of mortgage defaults where each suit involves different missed payment dates
- Dismissal with prejudice as adjudication on the merits — Florida Rule of Civil Procedure 1.420(b); exception for foreclosure serial-default doctrine
- Standing — "Bank of New York" as incomplete party name; whether a plaintiff without proper legal entity designation has standing to sue
- Acceleration of the note — whether restarted foreclosure based on new defaults constitutes a different claim from prior accelerated actions
- Mortgage loan schedule without borrower's name or loan number — sufficiency as evidence of standing

🔗 Florida Rules & Legal Resources: www.floridarules.net
#Foreclosure #FloridaAppeal #ResJudicata #MortgageForeclosure #PartyStanding #FloridaRules #BankForeclosure #SerialDefault #FloridalAppeal

Видео 🔏 Third Foreclosure Filed — Res Judicata and Non-Existent Party Challenge | 22-1137 | FL DCA канала Florida Trust, Real Estate, Probate, & Foreclosure