WILLIAM SUSER VS. WACHOVIA MORTGAGE, FSB, ET AL.
In this appeal, the court considered whether
plaintiff, who had foreclosed on a mortgage and obtained
ownership of the property in question at a sheriff's sale,
could maintain a quiet-title action against the holders of
two previously-recorded mortgages. The court held that
even though there was no dispute about the validity and
priority of the other mortgages, the quiet title action
could be maintained to resolve the limited question of
whether one of the defendants had the right to foreclose in
light of the factual disputes concerning the validity of
its assignment and, for that reason, the court reversed the
summary judgment entered in favor of that defendant.
Summary judgment as to the other defendant, which came into
ownership of its mortgage through a merger with the
original mortgagee, was affirmed. 11-04-13