Legal Question in Real Estate Law in Florida
Who gets title to Florida real estate at issue between public auction bidder and homeowner.
a. Does a buyer at a clerk�s sale obtain Certificate of Title to real estate when it bids over the foreclosure judgment amount and wins the bid, when the Plaintiff, objects after the sale on the basis that it did e-filed a petition to cancel the foreclosure sale on the eve of the sale, and through inadvertence, there was not sufficient time to schedule a hearing or obtain an order to cancel the sale, when it never obtained an order canceling the sale, when it made an agreement with, and received a lessor amount of money from the Defendant outside the court and outside the public�s eye, when the Defendant did not make a petition for relief nor an objection nor pay the FULL amounts as specified in the standing order in order to satisfy judgment prior to the Certificate of Sale being issued to highest bidder?
b. Did a homeowner satisfy judgment and redeem property when it paid to Plaintiff an amount less than the amount specified in the final judgment, when it never obtained a subsequent order, when the clerk�s sale was not cancelled, when the Clerk sold the property to the highest bidder for the full amount of the final judgment?
2 Answers from Attorneys
Sounds like the foreclosure sale is valid.
Get an attorney involved in this asap. You have several issues going on and they need to be clearly presented to the Court. Indvertence alone is not going to save you.
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