RALPH W. HAREN AND THELMA G. HAREN, HIS WIFE, APPELLANTS,
v.
RUFUS C. SUNDIE, APPELLEE
Explore caselaw by topic → Browse Right Of Redemption cases and more on FLexlaw
The appellants were the defendants in a mortgage foreclosure action. The trial court entered a summary final judgment *418for the appellee which was reversed on appeal. See Haren v. Sundie, Fla.App. 1969, 219 So.2d 731. Prior to the filing of that appeal the mortgaged property was sold pursuant to the summary final judgment of foreclosure. Thereafter the trial court tried the issue made by the defendants’ answer and entered a second judgment for the plaintiff appellee but did not set aside the sale made pursuant to the summary judgment, which was reversed.
On this appeal the defendants urge that the final judgment should have ordered a sale of the property so that they might exercise their right of redemption. It is apparent that a sale pursuant to a judgment which has been reversed is not a valid sale. See Housing Authority of the City of Miami v. Macho, Fla.App. 1966, 184 So.2d 916.
Reversed and remanded with directions to enter a final judgment of foreclosure and to proceed thereon in accordance with established procedure.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
VMD Fin. Servs., Inc. v. CB Loan Purchase Assocs., LLC, 68 So. 3d 997 (Fla. 4th DCA 2011)…al that occurred pursuant to stipulation agreement because the appellant was not a party to the stipulation and was not bound by it). Our reversal of the final judgment of foreclosure renders sale of the property invalid. See, e.g., Haren v. Sundie, 233 So. 2d 417, 418 (Fla. 3d DCA 1970) (“[A] sale pursuant to a judgment which has been reversed is not a valid sale.”). Reversed. GROSS, J., and STREITFELD, JEFFREY E., Associate Judge, concur.…
-
Sundie v. Haren, 253 So. 2d 857 (Fla. 1971)…BOYD, Judge. This cause is before us on petition for writ of certiorari to review the decision of the District Court of Appeal, Third District, reported at 233 So. 2d 417. Our jurisdiction is based on conflict between the decision sought to be reviewed and the decision of this Court in Horn v. Horn.1 Petitioner Sundie was plaintiff in a mortgage foreclosure action, and defendants [*858] Harén appealed but without po…1 / 2
-
Am. Bankers Life Assurance Co. of Fla. v. Williams, 399 So. 2d 365 (Fla. 3d DCA 1981)…an Bankers interest on its mortgages only up to the date of the first judgment of foreclosure. We affirm. A sale of property pursuant to a judgment which has been reversed on appeal is not a valid sale as to parties to that appeal. Haren v. Sundie, 233 So. 2d 417 (Fla. 3d DCA 1970), cert. dismissed, 253 So. 2d 857 (Fla.1971). When a foreclosure sale is set aside by an order of the court for any fatal irregularity, the title acquired by the purchaser is vacated. The law subro-gates the purchaser at the void f…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hous. Auth. OF the City OF Miami v. MacHo, 184 So. 2d 916 (Fla. 3d DCA 1966)
- Haren v. Sundie, 219 So. 2d 731 (Fla. 3d DCA 1969)