Motion To Set Aside Sale

17 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• John Crescent, Inc. v. Schwartz
  382 So. 2d 383· Fla. 4th DCA· 1980-04-02 ·cited 86×
  John Crescent, Inc. purchased a home at a foreclosure sale for $5,000 when the property had a fair market value of approximately $48,000. The trial court vacated the sale and set aside the certificate of title, finding the Petersons suffered excusable neglect because Mrs. Peterso
• Mann v. Jennings
  25 Fla. 730· Fla.· 1889-06-01 ·cited 20×
  This case reviews an appeal from an order denying a motion to set aside a foreclosure sale and vacate the decree. The court held that the motion was untimely and lacked merit, affirming the lower court's decision.
• Cmty. Fed. Sav. & Loan Ass'n of the Palm Beaches v. Wright
  452 So. 2d 638· Fla. 4th DCA· 1984-06-20 ·cited 12×
  Community Federal Savings and Loan Association appealed from an order setting aside a default judgment in a mortgage foreclosure proceeding against a minor ward. The court held that the foreclosure judgment was void because the minor property owner was never made a party to the a
• Rosen v. Hunter
  224 So. 2d 371· Fla. 3d DCA· 1969-06-24 ·cited 12×
  Appellants Rosen purchased foreclosed property at a sale for $36,000, but the trial court rescinded the sale based on the defendants' alleged mistake and inadequacy of price. The appellate court reversed, holding that the defendants failed to establish mistake or inadvertence, an
• Evaristo Beltran and Grisel Beltran v. Kalb
  982 So. 2d 24· Fla. 3d DCA· 2008-04-02 ·cited 11×
  The Florida Third District Court of Appeal reversed a trial court's denial of Evaristo and Grisel Beltran's motions to set aside a sheriff's sale of their homestead property. The court held that the trial court violated due process by failing to provide notice to Evaristo and by
• Richardson v. Chase Manhattan Bank
  941 So. 2d 435· Fla. 3d DCA· 2006-10-18 ·cited 8×
  Lessie Richardson appealed the denial of her objections to a foreclosure sale by Chase Manhattan Bank. The court reversed and remanded, finding that material issues of fact existed regarding whether Richardson received proper notice of the rescheduled foreclosure sale and whether
• Residential Mortg. Servicing Corp. v. Winterlakes Prop. Owners Ass'n, Inc.
  169 So. 3d 253· Fla. 4th DCA· 2015-07-08 ·cited 7×
  A third-party purchaser of foreclosed property appeals a trial judge's order vacating a prior order directing issuance of a certificate of title. The appellate court reverses, finding that the judge violated due process by vacating the sale without notice to or opportunity for th
• Strong v. Honorable George W. Tedder
  143 Fla. 473· Fla.· 1940-06-21 ·cited 6×
  Strong purchased real property at a sheriff's execution sale and received a deed, but the original judgment debtor moved to set aside the sale in the circuit court on grounds of inadequate price. The Florida Supreme Court granted Strong's petition for prohibition, holding that on
• JRBL Dev., Inc. v. Maiello
  872 So. 2d 362· Fla. 2d DCA· 2004-04-23 ·cited 4×
  The trial court lacked the authority to extend a mortgagor's right of redemption after the certificate of sale had been filed.
• Lewis v. Carver
  223 F.2d 867· 5th Cir.· 1955-06-30 ·cited 4×
  The court held that an order denying a motion to vacate a final judgment is not an appealable order, and the appeal as a whole lacked merit.
• Corbitt v. Burkette
  399 So. 2d 514· Fla. 4th DCA· 1981-06-10 ·cited 2×
  In a post-divorce dispute, the trial court vacated a judicial sale of the marital home where the appellant purchased the property for $900 despite its value of $45,000-$65,000, after the appellee failed to appear due to fear of the appellant's threats of violence. The appellate c
• Cull v. Hurth
  384 So. 2d 295· Fla. 4th DCA· 1980-06-11 ·cited 2×
  The court held that the trial court's order, which denied a motion to set aside a judicial sale while simultaneously reserving ruling on a motion to vacate the underlying final judgment, constituted a departure from the essential requirements of law.
• Jonton, Inc. v. Fid. Mortg. Invs.
  329 So. 2d 45· Fla. 1st DCA· 1976-03-30 ·cited 2×
• Three Josephs, LLC v. Lease Invs.
  257 So. 3d 652· Fla. 1st DCA· 2018-11-30
  The trial court did not err in denying appellant's motion to set aside a foreclosure sale.
• Shipley
  Del.· 2009-06-15
  The Superior Court did not err in denying the Shipleys' motion to set aside the sheriff's sale. The court found the motion untimely and that the alleged errors in the property description did not constitute extraordinary circumstances justifying relief under Rule 60(b). The court
• Vosr Indus., Inc. v. Martin Props., Inc.
  919 So. 2d 554· Fla. 4th DCA· 2005-12-28
  In the third appeal of a prolonged foreclosure case, the Fourth District Court of Appeal held that a mortgagor may assign its statutory right of redemption to a third party, and that such an assignee may exercise the redemption right by tendering funds through another entity, so
• Kaecek v. Knight
  447 So. 2d 900· Fla. 2d DCA· 1984-02-08
  The court held that the gross inadequacy of the sale price, coupled with the irregularity of the announcement that the sale was subject to outstanding liens, was sufficient grounds to set aside the partition sale.