REYNALDO SANTANA
v.
DEUTSCHE BANK TRUST COMPANY AMERICAS, ETC.

Fla. 3d DCA | 2023-08-16
No. 22-1860
Florida District Court of Appeal, Third District (2023) Positive Treatment

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Holding

The notice of public sale satisfies statutory requirements when it informs the public of the nature and condition of the property, the time, place, and terms of the sale.


Headnotes

[1] A notice of public sale in a foreclosure action must inform the public of the nature and condition of the property to be sold and the time, place, and terms of the sale.

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Facts & Procedural History

Reynaldo Santana appealed a foreclosure judgment entered by the Circuit Court for Miami-Dade County. The appeal involved a dispute regarding the adequ…

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Opinion of the Court

PER CURIAM.

Affirmed. See Watson v. Vafides, 212 So. 2d 358, 362 (Fla. 1st DCA

1968) (“The object of a notice of public sale is to inform the Public of the nature and condition of the property to be sold, and of the time, place, and terms of the sale.”); 37 Fla. Jur. 2d Mortgages, Etc. § 300 (2023) (same); see also Tanis v. HSBC Bank USA, N.A., 289 So. 3d 517, 521 (Fla. 3d DCA

2019) (alterations in original) (quoting McQuiddy v. Ware, 87 U.S. 14, 18 (1873)) (“Crucially, here, ‘[t]here is no averment that [appellants] did not have actual notice of the proceedings against [them] in time to protect [their] rights.’”).


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