129 So. 3d 1139
Fla. Dist. Ct. App.2013Background
- Country Club Estates at Aventura Maintenance Association, Inc. foreclosed a lien for assessments against Edelsberg and others, resulting in a consent final judgment with a right of redemption that terminated upon filing of the certificate of sale.
- A public foreclosure sale occurred, and a certificate of sale was filed on February 8, 2013, naming Chase Financial Services, LLC as the purchaser.
- Edelsberg filed a pro se objection on February 15, 2013 seeking to set aside the sale, claiming he tendered payment and was told the sale would not go forward.
- At an evidentiary hearing, Edelsberg admitted awareness of the foreclosure and sale but claimed he had not tendered payment; the Association’s manager and a neighbor contradicted his statements.
- The trial court orally stated that if Edelsberg paid about $57,000 by 4:30, the sale would be vacated, and later vacated the sale based on Edelsberg’s tender testimony, accepting his credibility.
- The appellate court reversed, holding that Edelsberg’s tender came after the certificate of sale and that there was no adequate showing to set aside the sale under Florida foreclosure-set-aside standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May a judicial foreclosure sale be set aside based on alleged post-sale tender or assurances? | Edelsberg argues tender and assurances justified setting aside. | Chase asserts no equitable basis; tender after sale invalidates relief. | No; tender after certificate of sale does not justify vacating. |
| Did the right of redemption terminate upon filing of the certificate of sale, limiting relief? | Redemption ended at certificate of sale, so relief is improper. | N/A or not contending otherwise. | Redemption terminated upon filing of the certificate; tender could not cure. |
| Did the circuit court err in vacating the sale based on conflicted testimony and lack of proper equitable showing? | Edelsberg’s testimony supported vacancy; credibility found in his favor. | No evidence of irregularity; lack of diligence by Edelsberg. | Yes; court erred in vacating the sale without proper grounds and findings. |
Key Cases Cited
- Arsali v. Chase Home Finance LLC, 121 So.3d 511 (Fla. 2013) (foreclosure-set-aside requires adequate equitable factors and proper showing)
- John Crescent, Inc. v. Schwartz, 382 So.2d 383 (Fla. 4th DCA 1980) (lack of diligence cannot support relief from a judicial sale)
- Chase Home Loans, LLC. v. Sosa, 104 So.3d 1240 (Fla. 3d DCA 2012) (mortgagor’s lack of diligence does not establish grounds to vacate sale)
- YEMC Constr. & Dev., Inc. v. Inter Ser, U.S.A., Inc., 884 So.2d 446 (Fla. 3d DCA 2004) (trial court lacks authority to extend redemption after certificate of sale)
- Aegis Props. of S. Fla., LLC v. Avalon Master Homeowner Ass’n, Inc., 37 So.3d 960 (Fla. 4th DCA 2010) (chapter 45 procedure applies to HOA lien foreclosures)