Legal Question in Real Estate Law in Florida

if FL property owner loses foreclosure case by final summary judgment and thereafter appeals, can the foreclosing lender sell the property at sale even though an appeal is pending?

Any case law on this issue?

If they can sell, and the appellant defaulting party is successful on appeal, what are his remedies as regards the property if the bank could sell pending appeal


Asked on 4/10/13, 8:32 am

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Yes the lender who buys the property at foreclosure sale can dispose of property on appeal UNLESS a stay has been imposed by the Court. A bond likely would have been required to accomplish this. Remedies are far more difficult if you win. You need to discuss the matter with a competent attorney.

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Answered on 4/10/13, 9:46 am


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