INVESTOR TRUSTEE SERVICES LLC v. DLJ MORTGAGE CAPITAL INC ET AL (2017)

District Court of Appeal of Florida, Fifth District.

INVESTOR TRUSTEE SERVICES, LLC, Appellant, v. DLJ MORTGAGE CAPITAL, INC., ET AL., Appellees.

Case No. 5D15-3082

Decided: April 07, 2017

Jonathan F. Bull, The LibertyLaw Team, Longwood; and Kelley A. Bosecker, St. Petersburg, for Appellant. David Rosenberg, Robert R. Edwards and Heidi J. Bassett, of Robertson, Anschutz & Schneid, P.L., Boca Raton, for Appellee, DLJ Mortgage Capital, Inc.. No Appearance for Appellee, Craig Kelling.

Whoever purchases property that is the subject of a foreclosure lawsuit in which a mortgagee has previously filed a lis pendens is a purchaser pendente lite. See Bymel v. Bank of Am., N.A., 159 So. 3d 345, 347 (Fla. 3d DCA 2015). The law is well settled that a purchaser pendente lite is not entitled to intervene or otherwise be made a party to the ongoing lawsuit. Dema Invs., LLC v. Wells Fargo Bank, N.A., 207 So. 3d 977 (Fla. 5th DCA 2016); Timucuan Props. v. Bank of N.Y. Mellon, 135 So. 3d 524, 524 (Fla. 5th DCA 2014) (“This court is committed to the doctrine that a purchaser pendente lite is not entitled to intervene.” (quoting Intermediary Fin. Corp. v. McKay, 111 So. 531, 531 (Fla. 1927))).

AFFIRMED.

PER CURIAM.

ORFINGER, TORPY and EVANDER, JJ., concur.

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