Maya v. Deutsche Bank National Trust Company
After a 2008 final foreclosure judgment became final, Deutsche Bank obtained leave in 2016 to file a supplemental complaint adding the borrower's previously omitted spouse and secured a 2018 judgment against her on an equitable vendor's lien. The Third DCA reversed, holding the trial court lacked jurisdiction because the original judgment contained only a general reservation of jurisdiction, which does not permit a post-judgment supplemental complaint adding an omitted party.
Key facts
- Deutsche Bank obtained a final foreclosure judgment against a borrower in 2008, but did not name the borrower's spouse as a defendant.
- In 2016, Deutsche Bank sought and received leave to file a supplemental complaint adding the omitted spouse and secured a 2018 judgment against her on an equitable vendor's lien.
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Why it matters
This is a clean, citable rule for foreclosure and post-judgment practice: boilerplate reservations of jurisdiction in final judgments will not support later supplemental pleadings adding omitted parties such as a… — full analysis with a trial
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