YAIMA ORTIZ
v.
NEXBANK

Fla. 3d DCA | 2025-05-28
No. 2024-0759
Brinkley, J., Beovides, J., Fernandez, J., Gordo, J., Lobree, J.
2025 FL 4452 Florida District Court of Appeal, Third District (2025)

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Holding

Gross inadequacy of price alone is not sufficient to set aside a foreclosure sale; the party challenging the sale must prove both that the bid was grossly inadequate and that the inadequacy resulted from mistake, fraud, or other irregularity.


Headnotes

[1] To vacate a foreclosure sale, a party must establish both that the foreclosure sale bid was grossly or startlingly inadequate and that the inadequacy resulted from mistak…

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Key Quotes

“Gross inadequacy of price alone is not enough to set aside a foreclosure sale.”

Court citing Venezia v. Wells Fargo Bank, N.A., 306 So. 3d 1096, 1097 (Fla. 3d DCA 2020)

Facts & Procedural History

Yaima Ortiz appealed a foreclosure sale decision by Nexbank. The trial court rejected Ortiz's challenge to the foreclosure sale.…

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Opinion of the Court
Lobree

Third District Court of Appeal State of Florida

Opinion filed May 28, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-0759 Lower Tribunal No. 22-13133-CA-01 ________________

Yaima Ortiz, Appellant,

vs.

Nexbank, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Tanya Brinkley and Gina Beovides, Judges.

Kenzie N. Sadlak, PA and Kenzie N. Sadlak, for appellant.

Aldridge | Pite, LLP and Zachary Ullman (Delray Beach), for appellee.

Before FERNANDEZ, GORDO and LOBREE, JJ.

PER CURIAM.

Footnotes
2 Affirmed. See Venezia v. Wells Fargo Bank, N.A., 306 So. 3d 1096, 1097 (Fla. 3d DCA 2020) (“Gross inadequacy of price alone is not enough to set aside a foreclosure sale. . . . [H]e presented no evidence of inadequacy, nor any evidence that the ‘inadequacy of the bid resulted from some mistake, fraud or other irregularity in the sale.’”); IndyMac Fed. Bank FSB v. Hagan, 104 So. 3d 1232, 1236 (Fla. 3d DCA 2012) (“Thus, it is well settled that ‘[i]n order to vacate a foreclosure sale, the trial court must find: (1) that the foreclosure sale bid was grossly or startlingly inadequate; and (2) that the inadequacy of the bid resulted from some mistake, fraud or other irregularity in the sale.’”); Johnson v. State, Dep’t of Revenue ex rel. Lamontagne, 973 So. 2d 1236, 1239 (Fla. 1st DCA 2008) (“A party may forfeit the right to seek relief even from a void judgment if the party's actions or statements have had the effect of ratifying the judgment or conceding its propriety.”); MacDougall v. Kutina, 798 So. 2d 30, 32 (Fla. 4th DCA 2001) (“[T]he court was correct in concluding that the former husband's statement that he had no problem with paying the rehabilitative alimony and requesting additional time to pay, amounted to a submission to the jurisdiction of the court. Such a submission is a waiver of any defects in service of process.”).

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