OLIVA
v.
CHRISTIANA TRUST
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Objections to a foreclosure sale under § 45.031(5), Fla. Stat. must be directed toward conduct that occurred at or related to the foreclosure sale itself, and vacation requires a finding of both grossly inadequate bid price and that the inadequacy resulted from mistake, fraud, or other irregularity in the sale.
[1] An objection to a foreclosure sale under § 45.031(5), Fla. …
[2] To vacate a foreclosure sale, a trial court must find both that the foreclosure sale bid was grossly or startlingly inadequate and that the inadequacy of the bid resulted…
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Join FLexlaw to unlock all legal intelligence“Florida case law is clear that the substance of an objection to a foreclosure sale under section 45.031(5) must be directed toward conduct that occurred at, or which related to, the foreclosure sale itself”
IndyMac Fed. Bank FSB v. Hagan, 104 So. 3d 1232, 1236 (Fla. 3d DCA 2012)
Oliva objected to a foreclosure sale conducted by Christiana Trust. The trial court considered whether the objection satisfied statutory requirements …
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PER CURIAM.
Affirmed. See § 45.031, Fla. Stat. (2018) ; IndyMac Fed. Bank FSB v. Hagan, 104 So. 3d 1232, 1236 (Fla. 3d DCA 2012) (holding: "Florida case law is clear that the substance of an objection to a foreclosure sale under section 45.031(5) must be directed toward conduct that occurred at, or which related to, the foreclosure sale itself"); Mody v. Cal. Fed. Bank, 747 So. 2d 1016, 1017-18 (Fla. 3d DCA 1999) (holding: "In 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.")
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)
- Suresh Mody and Richard Cava v. Cal. Fed. Bank, 747 So. 2d 1016 (Fla. 3d DCA 1999)