REAL ESTATE: MORTGAGE FORECLOSURE: SURPLUS FUNDS: SUBORDINATE LIENHOLDER WAIVED ITS RIGHT TO SURPLUS FUNDS BY FAILING TO CLAIM THEM WITHIN SIXTY DAYS OF THE SALE: FAILURE TO RECEIVE ACTUAL NOTICE WAS NOT AN EXCUSE BECAUSE SUBORDINATE LIENHOLDER RECEIVED AT LEAST CONSTRUCTIVE NOTICE BECAUSE CLERK PUBLISHED FINAL JUDGMENT AND POSTED CERTIFICATE OF DISBURSEMENT ON ITS DOCKET: EQUITY: EQUITY FOLLOW THE LAW AND CANNOT BE USED TO ELIMINATE ITS ESTABLISHED RULES

Saulnier v. Bank of American, N.A., ___ So. 3d ___, 40 Fla. L. Weekly D727 (Fla. 4th DCA March 25, 2015)

The subordinate lienholder waived its right to surplus funds by failing to claim them within sixty days after the foreclosure sale. The surplus lienholder’s claim that it did not receive the final judgment or certificate of disbursements did … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: INADEQUATE BID PRICE DOES NOT NEED TO BE ALLEGED AND PROVED IN ORDER TO SET ASIDE A JUDICIAL FORECLOSURE SALE; CIVIL PROCEDURE: COURT DOES NOT DECIDE WHETHER FLA. R. CIV. P. 1.540 MAY BE USED TO SET ASIDE SALE OF PROPERTY; APPEALS: FLORIDA SUPREME COURT DOES NOT INTENTIONALLY OVERRULE SUB SILENTIO ITS PREVIOUS DECISIONS

Arsali v. Chase Home Finance LLC, ___ So. 3d ___, 38 Fla. L. Weekly S562 (Fla. July 11, 2013)

After the trial court entered final summary judgment of foreclosure and set the property for sale, the lender offered to reinstate the mortgage if the borrowers paid a specific sum by a specific date.  The borrowers complied with this condition, but Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: MOTION TO VACATE SALE: GROSSLY INADEQUATE PRICE: LACK OF EVIDENCE OF MISTAKE: FAILURE TO PUBLISH NOTICE OF SALE: SALUTARY EFFECT OF ONLINE SALES; CIVIL PROCEDURE: REHEARING: RELIEF FROM JUDGMENT

HSBC Bank USA, National Association v. Nixon, ___ So. 3d ___, 38 Fla. L. Weekly D10 (Fla. 4th DCA December 19, 2012)

The trial court did not abuse its discretion by denying the plaintiff’s motion to vacate a foreclosure sale.  Although the sale price was grossly inadequate – $1,600 on a $787,473.60 judgment – the plaintiff failed to produce … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGES: FORECLOSURE SALE; CIVIL PROCEDURE: RELIEF FROM JUDGMENT: FAILURE TO PUBLISH NOTICE OF SALE

HSBC Bank USA v. Nixon, ___ So. 3d ___, 37 Fla. L. Weekly D2011 (Fla. 4th DCA August 22, 2012)

Although the order of foreclosure sale required compliance with Section 45.031, Florida Statutes, notice of sale was not published as required by the statute.  As a result, the trial court erred by refusing to vacate the sale.… Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: OBJECTIONS TO, AND MOTION TO SET ASIDE, JUDICIAL SALE AND CERTIFICATE OF SALE: CLERK’S FAILURE TO PUBLISH NOTICE OF SALE AFTER TRIAL COURT ORDERED SALE IN ACCORDANCE WITH SECTION 45.031, FLORIDA STATUTES: GROSS INADEQUACY OF BID AS A RESULT OF FRAUD, MISTAKE, OR OTHER IRREGULARITY IN THE SALE WERE NOT PREREQUISITES TO VACATING SALE

Simonson v. Palm Beach Hotel Condominium Association, Inc., ___ So. 3d ___, 37 Fla. L. Weekly D1631 (Fla. 4th DCA July 11, 2012)

The appellate court, in an action to foreclose upon a mortgage, reversed an order denying the owner’s objections to, and motion to set aside, judicial sale and certificate of sale, because the clerk violated Section 45.031, … Click To Read Full Case Law Review...