JAMES R. PALMER
v.
HMG VENTURE PARTNER, LLC, MMA REALTY CAPITAL, LLC, LISA J. PALMER, CONNIE JO PAYNE, THOMAS A. STEFANOS, AND PATRIOT I REAL ESTATE TRUST
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An affidavit objecting to a foreclosure sale bid amount must allege specific facts regarding mistake, accident, surprise, fraud, misconduct, or irregularity to warrant an evidentiary hearing; mere inadequacy of price standing alone is insufficient.
[1] An affidavit objecting to a foreclosure sale bid amount must allege specific facts demonstrating mistake, accident, surprise, fraud, misconduct, or irregularity in the sa…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“when the inadequacy of price is gross and results from any mistake, accident, surprise, fraud, misconduct or irregularity upon the part of either the purchaser or other person connected with the sale, with resulting injustice to the complaining party, equity will act to prevent the wrong result.”
Statement of the legal standard for when a court may set aside a judicial sale based on price inadequacy, citing U.S. Bank Nat'l Ass'n v. Bjeljac.
James Palmer appealed a trial court order that granted in part and denied in part his motion to vacate a foreclosure sale and objected to the bid amou…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JAMES R. PALMER,
Appellant, v. Case No. 5D20-956 HMG VENTURE PARTNER, LLC,
MMA REALTY CAPITAL, LLC, LISA J.
PALMER, CONNIE JO PAYNE, THOMAS
A. STEFANOS, AND PATRIOT
I REAL ESTATE TRUST,
Appellees. ________________________________/ Decision filed May 7, 2021
Appeal from the Circuit Court for Orange County, John E. Jordan, Judge.
Barry Rigby, of Law Offices of Barry Rigby, P.A., Orlando, for Appellant.
Marie A. Borland, Gregory P. Brown and Shane T. Costello, of Hill, Ward & Henderson, P.A., Tampa, for Appellee, HMG Venture Partners, LLC. No Appearance for other Appellees.
PER CURIAM.
AFFIRMED.
EDWARDS and NARDELLA, JJ., concur COHEN, J., concurs specially, with opinion.
2
CASE NO. 5D20-956
COHEN, J., concurring specially.
In this foreclosure case, James Palmer appeals the trial court’s order granting in part and denying in part his motion to vacate foreclosure sale, vacate certificate of sale and certificate of title and objection to amount bid. On appeal, Palmer argues that the trial court abused its discretion in failing to grant an evidentiary hearing on his timely objection to the bid amount pursuant to section 45.031(8), Florida Statutes (2019).1 As a general proposition, mere inadequacy of price standing alone is not a basis for setting aside a judicial sale. U.S. Bank Nat’l Ass'n v. Bjeljac, 43 So. 3d 851, 852–53 (Fla. 5th DCA 2010). As noted in Bjeljac, “when the inadequacy of price is gross and results from any mistake, accident, surprise, fraud, misconduct or irregularity upon the part of either the purchaser or other person connected with the sale, with resulting injustice to the complaining party, equity will act to prevent the wrong result.” Id. The affidavit challenging the amount of the bid failed to allege any facts (or for that matter, even conclusory allegations) as to any of the factors set out in Bjeljac. The only allegation within the affidavit was that of mistake in
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- U.S. Bank Nat'l Ass'n v. Bogdan Bjeljac, 43 So. 3d 851 (Fla. 5th DCA 2010)