FIRST NATIONWIDE SAVINGS, APPELLANT,
v.
WILLIAM O. THOMAS AND RITA H. THOMAS, HIS WIFE, APPELLEES
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The court held that a permanent cancellation of a foreclosure sale without explanation is reversible error, as a lender generally has the right to proceed with such a sale.
The trial court cancelled a foreclosure sale and ordered that the property not be reheld. The lender had previously postponed the sale twice due to ba…
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LETTS, Judge.
This appeal emanates from a final judgment of mortgage foreclosure. The ensuing sale was first stayed because of a bankruptcy proceeding involving the delinquent borrower. A subsequent sale date was again postponed because the lender had not received bidding instructions from the Veterans Administration, which instructions were a necessary predicate to the lender enforcing its V.A. guarantee. Pursuant to this second postponement, the trial court entered the following order reproduced below:
ORDER CANCELLING AND RESCHEDULING FORECLOSURE SALE
THIS CAUSE having come on to be heard ex parte, upon Plaintiff’s Motion to Cancel and Reschedule Foreclosure Sale in the referenced cause, and the Court having considered same and being fully advised in the premises, it is
ORDERED AND ADJUDGED
1. That the Clerk’s sale in the above referenced cause to be held on NOVEMBER 17, 1986, is hereby cancelled.
2. That the sale of subject property shall not be reheld.
DONE AND ORDERED.
The appellant objects to the language in paragraph 2 commanding “that the sale of [the] subject property shall not be reheld.”
This permanent cancellation of the sale without explanation is reversible error. Indeed, the appellee has not even bothered to file a brief in support of such a result. A lender has the right, under the statutes, except under extraordinary circumstances not found in this record, to proceed with the sale of any real estate on which it has successfully foreclosed its mortgage.
Accordingly, this cause is reversed with instructions to require the trial court to set a date for the sale of this property, forthwith.
REVERSED AND REMANDED.
ANSTEAD and GUNTHER, JJ., concur.
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Royal Palm Corporate Ctr. Ass'n, Ltd. v. Pugliese, III, 89 So. 3d 923 (Fla. 4th DCA 2012)…within the structure of a section 45.031 sale procedure and mortgagees that are prevented from realizing the benefits of a foreclosure judgment, without an equitable basis which justifies the bar. An exemplar is First Nationwide Savings v. Thomas, 513 So. 2d 804 (Fla. 4th DCA 1987). There, a trial court issued a final judgment of mortgage foreclosure, apparently setting the sale date for the property. Id. at 804-05. The sale was stayed, reset, and subsequently postponed. Id. at 805. In the order on the seco…
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A Mortg. Co. Formerly Am's. Mortg. Co. v. Bowman, 642 So. 2d 123 (Fla. 4th DCA 1994)…circumstances, a mortgagee has the right to proceed to sale on any property on which it has successfully foreclosed its mortgage. Administration of Veteran’s Affairs v. Bertsche, 574 So. 2d 320. (Fla. 4th DCA 1991); First Nationwide Savs. v. Thomas, 513 So. 2d 804 (Fla. 4th DCA 1987). Without explanation in the order from the trial court, we are unable to determine upon what extraordinary circumstances denial was predicated. By refusing to enter an order rescheduling sale, the trial court abused its discretio…
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Bankers Tr. Co. v. Edwards, 849 So. 2d 1160 (Fla. 1st DCA 2003)…s. Edwards’ motion, the earlier order of foreclosure notwithstanding.2 [*1162] This was error. Bankers Trust is entitled to have the property sold and the proceeds applied against the foreclosure judgment. See, e.g., First Nationwide Sav. v. Thomas, 513 So. 2d 804, 805 (Fla. 4th DCA 1987) (“A lender has the right, under the statutes, except under extraordinary circumstances not found in this record, to proceed with the sale of any real estate on which it has successfully foreclosed its mortgage.”); Orlando Hy…
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