ARTHUR P. HOFFMAN, A/K/A PAUL HOFFMAN, APPELLANT,
v.
BANKUNITED, N.A., AS SUCCESSOR IN INTEREST TO BANKUNITED, FSB, APPELLEE

Fla. 2d DCA | 2014-02-19
No. 2D12-6255
DAVIS, C.J., and SLEET, J., concur.
137 So. 3d 1039 Florida District Court of Appeal, Second District (2014) Positive Treatment
Cited by 6 cases
Topics
Foreclosure Sale Motion For Rehearing

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Opinion of the Court
SILBERMAN, Judge.

SILBERMAN, Judge.

Arthur P. Hoffman appeals the final judgment of foreclosure entered in favor of BankUnited, FSB, and raises four issues. As to the three issues regarding the sufficiency of the evidence to support the final judgment, we conclude that Hoffman is not entitled to relief and affirm without discussion. On the fourth issue, we agree that the foreclosure sale of the property must be set aside because the sale was conducted while Hoffman’s timely motion for rehearing was pending. See Wollman v. Levy, 489 So.2d 1239, 1239 (Fla. 3d DCA 1986). Accordingly, we vacate the foreclosure sale. Because the trial court disposed of the rehearing motion some time after the sale, the court may again order the foreclosure sale of the property on remand.

Affirmed in part, vacated in part, and remanded with directions.

DAVIS, C.J., and SLEET, J., concur.

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Citator

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  • 944 Cwelt-2007 LLC v. Bank OF Am., N.A., 194 So. 3d 470 (Fla. 3d DCA 2016)
    …td. 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 proceedin…
  • Diaz v. U.S. Bank, 239 So. 3d 151 (Fla. 3d DCA 2018)
  • Lowenstein v. U. S. Bank Nat'l Ass'n, 253 So. 3d 86 (Fla. 2d DCA 2018)

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