LINDA M. PRATER, APPELLANT,
v.
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., APPELLEE

Fla. 3d DCA | 2004-02-25
No. 3D03-1727
Before LEVY, GERSTEN, and SHEPHERD, JJ.
866 So. 2d 212 Florida District Court of Appeal, Third District (2004) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant Linda M. Prater brings this appeal from an Order Ratifying Clerk’s Sale and Directing Issuance of Certificate of Title and Denying Defendant’s Objection to Sale. Although we are not unsympathetic to appellant’s rendering of her factual plight, we nevertheless affirm. In order to vacate a foreclosure sale, the trial court must find (1) that the foreclosure sale bid was grossly or startlingly inadequate; and (2) that the inadequacy of the bid resulted from some mistake, fraud, or other irregularity in the sale. Mody v. California Fed. Bank, 747 So. 2d 1016, 1017-18 (Fla. 3d DCA 1999) (citing Arlt v. Buchanan, 190 So. 2d 575, 577 (Fla.1966)). In this case, appellant is unable to meet these legal requirements. Accordingly, the order under review is hereby affirmed.


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  • Yemc Constr. & Dev., Inc. v. Inter SER, 884 So. 2d 446 (Fla. 3d DCA 2004)
    …es and bidders to the sale that there is no irregularity at the auction or any collusive bidding, etc.” Emanuel 655 So. 2d at 250. Here, the record provides no such grounds for vacating the sale. See Prater v. Mortgage Elec. Registration Sys., Inc., 866 So. 2d 212, 213 (Fla. 3d DCA 2004); Ingorvaia v. Horton, 816 So. 2d 1256 (Fla. 2d DCA 2002); Cueto v. Mfrs. & Traders Trust Co., 791 So. 2d 1125 (Fla. 4th DCA 2000); Indian River Farms v. YBF Partners, 777 So. 2d 1096 (Fla. 4th DCA 2001). Therefore, the Tenant…
  • …See R.P.M. Enterprises, Inc. v. Murphy, 575 So. 2d 1347, 1348 (Fla. 3d DCA 1991); Ren-Del Enterprises, Inc. v. Florida Keys First State Bank, 539 So. 2d 541, 542 (Fla. 3d DCA 1989); see also Prater v. Mortgage Electronic Registration Systems, Inc., 866 So. 2d 212 (Fla. 3d DCA 2004); U-M Publishing, Inc. v. Home News Publishing Co., 279 So. 2d 379, 380 (Fla. 3d DCA 1973). Affirmed.…

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