JOSE AND ARACELLI MENDOZA, APPELLANTS,
v.
CHASE HOME FINANCE, LLC, APPELLEE
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Court vacates foreclosure judgment and sale because defendants did not receive notice of the non-jury trial, despite the mortgagee's confession of error and the absence of any cognizable defense.
A foreclosure judgment and sale must be vacated when defendants lack notice of the trial, regardless of whether they had a cognizable defense.
[1] Lack of notice of trial is a ground for vacating a final judgment under Florida Rule of Civil Procedure 1.540(b), even when the defendant has no cognizable defense to the…
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Join FLexlaw to unlock all legal intelligence“the law is clear that, in the absence of an appropriate notice of trial, none of these factors make any difference”
Court explaining why lack of notice requires vacation despite absence of cognizable defense
Defendants were mortgagors in a foreclosure action. A final judgment of foreclosure was entered on May 26, 2011, followed by a certificate of sale on …
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On Confession of Error
The defendants appeal from an order denying their Florida Rule of Civil Procedure 1.540(b) motion to vacate a final judgment of foreclosure and the ensuing sale and certificate of title. The basis of the appeal is that the defendant-mortgagors did not receive notice of the non-jury trial which resulted in the judgment and orders in question. Upon consideration of an appropriate confession of error by the mortgagee, and our own review of the record, we must concur that the rule 1.540(b) motion should have been granted on the ground raised below.1 Accordingly, the final judgment of foreclosure entered on May 26, 2011, the certificate of sale issued July 11, 2011, and the certificates of disbursement and title issued December 7 and 9, 2011 and November 14, 2012, are vacated and this cause is remanded for further proceedings.
Vacated and remanded.
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- Shlishey THE Best, Inc. v. Citifinancial Equity Servs., Inc., 14 So. 3d 1271 (Fla. 2d DCA 2009)
- Metro. Dade Cnty. v. United States Fid. & Guar. Co., 584 So. 2d 100 (Fla. 3d DCA 1991)
- Goudie v. Garcia, 584 So. 2d 100 (Fla. 3d DCA 1991)