ROCKETRIDER PICTURES, LLC, APPELLANT,
v.
BANKUNITED, ET AL., APPELLEES
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The trial court erred in confirming a judicial sale of property owned as tenants by the entireties when the foreclosure action only named one spouse, thus only foreclosing that spouse's interest.
Rocketrider Pictures, LLC appealed an order confirming a foreclosure sale and denying objections. The property was owned by a husband and wife as tena…
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ON CONFESSION OF ERROR
Rocketrider Pictures, LLC appeals a trial court order that confirmed a foreclosure sale and denied the foreclosure defendant’s objection to the sale, to which objection Rocketrider had joined as a third party. Rocketrider asserts that the trial court erred in refusing to vacate the judicial sale where the property subject to the sale was owned by a husband and wife as tenants by the entireties, and the foreclosure was entered against the wife but not against the husband. On appellee’s commendable confession of error, we agree.
The trial court erred in denying Rocket-rider’s objection to the judicial sale. Because only the wife’s interest in the property was foreclosed, nothing passed by the judicial sale to Rocketrider. Balding v. Fleisher, 279 So.2d 883, 884 (Fla. 3d DCA 1973) (“[A]n estate by the entireties ... [is] not capable of being the object of satisfaction for the debt of one of the tenants alone. Thus, the interest of the judgment debtor could not pass by the sale.”). Moreover, the notice of judicial sale inaccurately indicated the entire property was for sale.
Accordingly, we reverse the final judgment of foreclosure and reverse the trial court’s May 20, 2013 order denying the objections to the judicial sale and confirming sale. We remand with directions to the trial court to cancel the certificate of title issued to Rocketrider, and direct the clerk of court to return Rocketrider’s bid monies.
Reversed and remanded, with instructions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Garcia v. Christiana Tr., 230 So. 3d 66 (Fla. 3d DCA 2017)…eties. This Court reversed the order denying the buyer’s objections to the sale and ordered the trial court to return the buyer’s money. In that opinion, however, the panel also reversed the Final Judgment' of Foreclosure. Rocketrider v. BankUnited, 138 So. 3d 1223 (Fla. 3d DCA 2014). Garcia then sought a determination from the trial court that he was not liable on the note and mortgage, and to quiet title. The bank’s successor in interest, Christiana Trust, moved to file an amended complaint in foreclosure a…
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Garcia v. Christiana Tr., 208 So. 3d 176 (Fla. 3d DCA 2016)…he order denying Rocketrider’s objections to the judicial sale and ordered the trial court to cancel the certificate of title issued to Rocketrider as the buyer, and to return Rocketrider’s bid money. Rocketrider Pictures, LLC v. BankUnited, et al., 138 So. 3d 1223 (Fla. 3d DCA 2014). Although the propriety of the foreclosure itself was not an issue in or subject of that appeal, this Court also, however, in its opinion reversed the Final Judgment of Foreclosure to which Rocket-rider was not a party. A mandate…
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Miller v. Wash. Mut. Bank, 184 So. 3d 558 (Fla. 4th DCA 2016)…e time of the foreclosure action. Property that is owned by husband and wife as tenants by the entirety cannot satisfy the debt of one tenant alone. Neu v. Andrews, 528 So. 2d 1278, 1279 (Fla. 4th DCA 1988). Rocketrider Pictures, LLC v. BankUnited, 138 So. 3d 1223 (Fla. 3d DCA 2014), presents a situation similar to the instant case. There, the appellate court held that property owned by husband and wife as tenants by the entirety was not subject to sale where foreclosure was entered only against the wife’s in…
Authorities Cited
- Balding v. Fleisher, 279 So. 2d 883 (Fla. 3d DCA 1973)