YAIMA ORTIZ
v.
NEXBANK
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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.
[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…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“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)
Yaima Ortiz appealed a foreclosure sale decision by Nexbank. The trial court rejected Ortiz's challenge to the foreclosure sale.…
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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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Indymac Fed. Bank FSB v. Hagan, 104 So. 3d 1232 (Fla. 3d DCA 2012)
- Venezia v. Wells Fargo Bank, N.A., 306 So. 3d 1096 (Fla. 3d DCA 2020)
- MacDOUGALL v. Kutina, 798 So. 2d 30 (Fla. 4th DCA 2001)