TODD MCKNIGHT AND IRINA MCKNIGHT, APPELLANTS,
v.
CHASE HOME FINANCE LLC, APPELLEE
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Florida appellate court reversed and remanded a foreclosure sale order because the trial court failed to conduct a required evidentiary hearing on the appellants' timely objections to the sale price under Fla. Stat. § 45.031(8).
When a party timely objects to a judicial sale price under Fla. Stat. § 45.031(8), the trial court must conduct an evidentiary hearing on those objections before issuing a certificate of title.
[1] A trial court must conduct an evidentiary hearing on timely objections to a judicial sale price filed under Fla. …
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Join FLexlaw to unlock all legal intelligenceTodd and Irina McKnight's property was sold in a judicial foreclosure sale. They timely objected to the sale, alleging the price was inadequate due to…
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Appellants Todd and Irina McKnight appeal the trial court’s order to the clerk of court to issue a certifícate of title following the judicial sale of Appellants’ property. Appellants argue that the trial court was required to conduct an evidentiary hearing on their objections to the sale, which included an allegation that the sale price was inadequate due to irregularities in the sale process. Appellee has confessed error on this issue.
Section 45.031(8), Florida Statutes (2014), allows a party to serve an objection to a sale based on the winning bid price. “If timely objections to the bid are served, the objections shall be heard by the court.” Id. (emphasis added). This Court has previously held that it is error to deny the party objecting under section 45.031(8) an evidentiary hearing. Regner v. Amtrust Bank, 71 So.3d 907, 907-08 (Fla. 4th DCA 2011). The record on appeal indicates that no hearing on Appellants’ objections occurred. We therefore accept Appellee’s confession of error and remand with directions to the trial court for it to: (1) vacate its order to the clerk to issue the certificate of title; (2) vacate the certificate of title that was improperly issued; and (3) hold an evidentiary hearing on Appellants’ objections. As in Regner, Appellants bear the burden to establish their claims at this hearing. Id. at 908. We offer no comment on the merits of Appellants’ objections.
Reversed and remanded for further proceedings consistent with this opinion.
DAMOORGIAN, LEVINE and FORST, JJ., concur.
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Citator
Cited By
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Moise v. Nationstar Mortg. LLC (Fla. 3d DCA 2020)…PER CURIAM. Affirmed. See McKnight v. Chase Home Fin. LLC, 214 So. 3d 775 (Fla. 4th DCA 2017) (burden to establish irregularity of sale is on party objecting to foreclosure sale); Croston v. Yale Mortg. Corp., 75 So. 3d 338, 338 (Fla. 3d DCA 2011) (“On the record before us, we cannot find that the trial court’s order deny…
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Fidel Alonso Valls v. Hsbc Bank USA, N.A. (Fla. 4th DCA 2021)…ions to the bid are served, the objections shall be heard by the court.” § 45.031(8), Fla. Stat. (2017). This court has held “it is error to deny the party objecting under section 45.031(8) an evidentiary hearing.” McKnight v. Chase Home Fin. LLC, 214 So. 3d 775 (Fla. 4th DCA 2017); see also Regner v. Amtrust Bank, 71 So. 3d 907, 907-08 (Fla. 4th DCA 2011) (trial court commits reversible error by issuing certificate of title while objections to judicial sale remain pending). We therefore accept the bank’s…
Authorities Cited
- Regner v. Amtrust Bank, 71 So. 3d 907 (Fla. 4th DCA 2011)