FL 3rd DCA: 944 CWELT-2007 LLC vs Bank of America – Foreclosure Sale Cannot Go Forward When Timely Filed Motion for Rehearing Is Pending

Court

“We consider the Bank’s decision not to file a response to the petition as the equivalent of a confession of error.”

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FL 3rd DCA: 944 CWELT-2007 LLC vs Bank of America – Foreclosure Sale Cannot Go Forward When Timely Filed Motion for Rehearing Is Pending

It is well settled that a foreclosure sale cannot be held while a timely motion for rehearing is pending because enforcement of a final judgment is suspended by the filing of the rehearing motion. United Invs. Ltd. P’ship v. Resolution Tr. Corp., 566 So. 2d 370, 370 (Fla. 3d DCA 1990) (Mem). Accordingly, the trial court erred by not cancelling the August 10, 2015 foreclosure sale, and the foreclosure sale must be set aside. See Hoffman v. BankUnited, N.A., 137 So. 3d 1039 (Fla. 2d DCA 2014) (Mem).

Based on the foregoing, we grant the petition, quash the order denying Petitioners’ motion to cancel the sale of foreclosure, direct the trial court to set aside the foreclosure sale to Cienfuegos, and remand for proceedings consistent herewith.

Petition granted.

Full opinion below…

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4closureFraud.org

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944 CWELT-2007 LLC vs Bank of America

Comments
One Response to “FL 3rd DCA: 944 CWELT-2007 LLC vs Bank of America – Foreclosure Sale Cannot Go Forward When Timely Filed Motion for Rehearing Is Pending”
  1. Learning2 says:

    This happened to me. Do I have any rights? Can I get my property back?

    Also, I have other issues with my trial and appeal. Is there anyone out there that can help me?

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