C.A. 4th;
D071079

The Fourth Appellate District affirmed a judgment. The court held that a void default judgment did not grant quiet title relief so as to validate a subsequent transfer to persons claiming to be bona fide purchasers.

Denise Saluto defaulted on her mortgage. Deutsche Bank National Trust Company acquired the property in July 2007 at a trustee's sale. In August 2007, Deutsche Bank recorded its trustee's deed upon sale. Saluto sued Deutsche Bank to cancel, set aside, and vacate the trustee's deed and cancel the deed of trust. In December 2009, the trial court entered a default judgment in her favor. In 2012, Saluto, through various intermediaries, sold the property to Alan Pyle and Cora Broadhurst. In 2013, Deutsche Bank obtained an order setting aside the default judgment on the basis of fraud. Deutsche Bank subsequently sued Pyle and Broadhurst for quiet title, cancellation of instruments, declaratory and injunctive relief, slander of title, and forcible entry and detainer.