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635 So. 2d 1001·
Fla. 5th DCA·
1994-04-22
·cited 26×
Dutch corporations Pelycado and Peeters appealed the denial of their motion to quash service of process and motion to set aside a foreclosure sale initiated by contractor Ruthenberg. The court reversed, finding that Ruthenberg failed to strictly comply with Florida's long-arm sta
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414 So. 2d 1122·
Fla. 2d DCA·
1982-06-04
·cited 22×
A junior mortgagee's equity of redemption is extinguished upon entry of final judgment in a senior mortgagee's foreclosure action, and mere inadequacy of price is insufficient to set aside a judicial sale absent gross inadequacy coupled with fraud or irregularity.
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713 So. 2d 1017·
Fla. 2d DCA·
1998-05-08
·cited 20×
United Companies Lending Corporation appealed the denial of its motion to set aside a foreclosure sale where the property sold for $1,000 despite being worth over $125,000, due to United's representative failing to attend the sale. The court reversed and remanded, holding that th
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985 So. 2d 611·
Fla. 4th DCA·
2008-06-11
·cited 18×
Long Beach Mortgage Corporation appealed the trial court's denial of its motion to set aside a foreclosure sale where its property sold for $1,000 despite being valued at $500,000. The appellate court reversed, holding that the grossly inadequate price combined with irregularitie
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166 So. 3d 202·
Fla. 2d DCA·
2015-06-10
·cited 11×
U.S. Bank appeals a trial court order setting aside a foreclosure sale after third-party purchaser Colfin sought rescission based on alleged fraud regarding undisclosed sinkhole damage. The appellate court reverses, holding that no enforceable agreement existed between the partie
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68 So. 3d 940·
Fla. 3d DCA·
2011-08-17
·cited 10×
U.S. Bank appeals from orders staying execution of a writ of possession and permitting limited discovery in a foreclosure case. The appellees filed a Rule 1.540(b) motion nearly two years after being served and months after a foreclosure judgment and sale, alleging fraud in affid
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661 So. 2d 1207·
Fla.·
1995-10-26
·cited 8×
The Florida Supreme Court disciplined attorney William T. Charnock III for creating a sham tenancy arrangement to delay a writ of possession and for testifying untruthfully during the disciplinary proceeding. The Court suspended Charnock for thirty days rather than the ninety day
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203 So. 3d 1003·
Fla. 2d DCA·
2016-11-09
·cited 6×
Michael Shelton, as trustee of a residential land trust and record owner of foreclosed property, appealed the trial court's confirmation of a foreclosure sale and denial of his motion to set aside the sale. The Second District Court of Appeal affirmed, holding that Shelton failed
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647 So. 2d 874·
Fla. 2d DCA·
1994-10-28
·cited 6×
RSR Investments and Native Investments appealed the trial court's decision to set aside a foreclosure sale where they had purchased the property for $5,000 despite a foreclosure judgment of $86,109.59. The court affirmed the trial court's ruling that the sale should be vacated du
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197 So. 3d 150·
Fla. 4th DCA·
2016-07-27
·cited 3×
A borrower appealed an order denying his motion to set aside a foreclosure sale, claiming the lender's bid was grossly inadequate and there was an irregularity in the sale process. The appellate court affirmed, holding that a trial court does not abuse its discretion in denying s
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713 So. 2d 1074·
Fla. 5th DCA·
1998-07-10
·cited 2×
Aames Capital Corporation appealed the denial of its motion to set aside a foreclosure sale where the sale price ($46,682.23) was 56% of the property's appraised value ($85,000). The appellate court affirmed the trial court's decision, holding that while gross inadequacy of price
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Fla. 3d DCA·
2026-08-13
A trial court does not abuse its discretion in denying a motion to set aside a foreclosure sale or a motion for rehearing that raises issues that could have been raised earlier.
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Fla. 6th DCA·
2026-05-29
An appeal challenging the denial of a motion to stay a foreclosure sale is moot when the underlying foreclosure judgment has been affirmed on appeal.
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Fla. 3d DCA·
2025-11-19
Verzura Construction won a foreclosure auction on a Miami Beach hotel property after obtaining a judgment against the former owner, Hotel La Petite Muse, LLC (HLPM). When HLPM moved to set aside the sale claiming lack of notice, the trial court granted the motion based on grossly
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Fla. 4th DCA·
2025-08-27
An appeal of an order denying a motion for reconsideration of a nonfinal order granting relief under Rule 1.540(b) is not timely appealable when the original order was not appealed within 30 days, as such a motion for reconsideration does not toll the appeal deadline.
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Fla. 4th DCA·
2025-06-11
When a party timely objects to a foreclosure sale under Florida Statute § 45.031(8), the trial court must hold an evidentiary hearing to address the objections. The trial court's summary denial of a timely objection without a hearing is reversible error.
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273 So. 3d 1061·
Fla. 3d DCA·
2019-04-03
A foreclosure sale may not be set aside for alleged irregularities and technical errors when the moving party introduces no competent substantial evidence, and due process is satisfied when notice is served on counsel of record even if an email address in the service list is inco
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250 So. 3d 728·
Fla. 4th DCA·
2018-07-11
A foreclosure sale conducted while a timely motion for rehearing is pending must be set aside because enforcement of the final judgment is suspended during the pendency of such motion.
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704 So. 2d 694·
Fla. 4th DCA·
1997-12-31
Southeast and Associates appeals from an order setting aside a foreclosure sale of the Loves' property. The court held that where an affidavit of diligent search and inquiry complies with statutory requirements on its face and the process server conducted a reasonably thorough se
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991 F.2d 414·
7th Cir.·
1993-04-15
A motion to set aside a foreclosure sale under Illinois law requires the movant to guarantee a bid equal to the successful bid at the prior sale, and this guarantee must accompany the motion.