Ajmo Marisa

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Forgery
The Second District denied rehearing but substituted this June 16, 2021 opinion in place of its opinion dated February 12, 2021. A third party who purchased the property at the homeowners association lien foreclosure sale during the pendency of the senior mortgage foreclosure action did not have the ability to step into the mortgagor’s shoes and argue the mortgagor’s forgery defense in the mortgage foreclosure action because the purchaser lacked standing to do so. The purchaser who took his interest subject to Wells Fargo’s superior interest could not participate in the foreclosure action as if he were a party to the note and mortgage and challenge the mortgage’s validity. Furthermore, the purchaser is estopped from proceeding on an affirmative defense based on the theory of forgery of the mortgagor’s signature. The purchaser’s status does not confer on him the ability to assert any right that inured only to the mortgagor’s benefit under the mortgage contract to which the purchaser was not a party and of which he had notice at the time he purchased the property at the foreclosure sale. As to the mortgagors’ marital

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