C. J. VAN DELINDER, APPELLANT,
v.
ALBION REALTY & MORTGAGE, INC., A FLORIDA CORPORATION, APPELLEE
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Trial court properly exercised discretion in setting aside a foreclosure sale where the mortgagee was deprived of an opportunity to bid due to attorney absence, despite the general rule that inadequacy of price alone does not warrant setting aside a judicial sale.
A judicial foreclosure sale may be set aside when gross inadequacy of price results from mistake, accident, surprise, fraud, misconduct, or irregularity causing injustice, even though inadequacy of price alone is insufficient grounds.
[1] Gross inadequacy of price in a judicial sale may justify setting aside the sale when combined with mistake, accident, surprise, fraud, misconduct, or irregularity that ca…
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Join FLexlaw to unlock all legal intelligence“where the inadequacy is gross and is suiting injustice to the complaining party, shown to result from a mistake, accident, surprise, fraud, misconduct or irregularity on the part of either the purchaser or other person connected with the sale, with resulting injustice to the complaining party, the court will act to prevent the wrong result.”
Statement of the legal standard for when inadequacy of price may justify setting aside a judicial sale.
Real estate of substantial value was sold at foreclosure for $50. The mortgagee's attorney failed to appear at the sale due to inadvertence or mistake…
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CARROLL, Judge.
Following a foreclosure sale at which real estate of some substantial value was sold upon a bid of $50, the mortgagee filed a motion to set aside the sale. In support thereof it was disclosed the owner became deprived of an opportunity to bid at the sale when, because of inadvertence or a mistake, an attorney who was to represent him there for that purpose was not present. The court granted the motion, and ordered the sale set aside and directed a resale. The purchaser appealed.
While the general rule is that inadequacy of price standing alone is not a ground for setting aside a judicial sale, where the inadequacy is gross and is suiting injustice tothe complaining party, shown to result from a mistake, accident, surprise, fraud, misconduct or irregularity on the part of either the purchaser or other person connected with the sale, with resulting injustice to the complaining party, the court will act to prevent the wrong result. Lawyers’ Co-operative Pub. Co. v. Bennett, 34 Fla. 302, 16 So. 185; City of Sanford v. Ashton, 131 Fla. 759, 179 So. 765; Eristavi-Tchitcherine v. Miami Beach Federal Savings & Loan Assn, 154 Fla. 100, 16 So. 2d 730; Arlt v. Buchanan, Fla. 1966, 190 So. 2d 575, 577.
Based on the law as pronounced in the cited cases, the order entered was one within the discretion of the court, and in the circumstances presented we hold such action by the trial court was not an abuse of discretion.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (19 total)
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John Crescent, Inc. v. Schwartz, 382 So. 2d 383 (Fla. 4th DCA 1980)…Fertilizer Mfg. Co. v. Hodge, 64 Fla. 275, 60 So. 127 (1912); Macfarlane v. Macfarlane, 50 Fla. 570, 39 So. 995 (1905); Maulé Industries, Inc. v. Seminole Rock and Sand Co., 91 So. 2d 307 (Fla.1956); Van Delinder v. Albion Realty and Mortgage, Inc., 287 So. 2d 352 (Fla. 3rd DCA 1973). Appellees have not cited, nor are we cognizant of, any authority which would support the proposition that a party can gain relief from a judicial sale solely by reference to that party’s own lack of diligence. Although a court,…
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Suresh Mody and Richard Cava v. Cal. Fed. Bank, 747 So. 2d 1016 (Fla. 3d DCA 1999)…y granted motions to set aside foreclosure sales “involve[d] situations in which a very small, usually only nominal, amount ha[d] been bid for property of substantial value.” Moody at 1149-50; see also Van Delinder v. Albion Realty & Mortgage, Inc., 287 So. 2d 352 (Fla. 3d DCA 1973) (setting aside a foreclosure sale where property of substantial value sold for $50); Subsaro v. Van Heusden, 191 So. 2d 569 (Fla. 3d DCA 1966) (setting aside a foreclosure sale where property of substantial value sold for $700).…
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United Cos. Lending Corp. v. Abercrombie, 713 So. 2d 1017 (Fla. 2d DCA 1998)…tal Corp., 489 So. 2d 70 (Fla. 4th DCA 1986) (affirming order setting aside foreclosure sale where abstract company engaged to attend sale failed to docket it, resulting in mortgagee’s non-attendance); Van Delinder v. Albion Realty & Mortgage, Inc., 287 So. 2d 352 (Fla. 3d DCA 1973) (affirming order setting aside foreclosure sale where mortgagor was deprived of opportunity to bid at foreclosure sale by its attorney’s absence). It is understandable that Crane and the circuit court read this court’s opinions i…
Previewing 3 of 19 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Leatha Fleeman Arlt v. Buchanan, 190 So. 2d 575 (Fla. 1966)
- The Lawyers' Co-operative Publ'g Co. v. Bennett, 34 Fla. 302 (Fla. 1894)
- City of Sanford v. Augustus T. Ashton, 131 Fla. 759 (Fla. 1938)
- Princess Vladimir Eristavitchitcherine v. Miami Beach Fed. Sav. & Loan Ass'n, 154 Fla. 100 (Fla. 1944)