Regner v. Amtrust Bank
71 So. 3d 907
Fla. Dist. Ct. App.2011Background
- Defendants' home was sold at foreclosure; certificate of title issued after sale.
- Defendants filed objections to the sale; bank offered no contrary evidence to motion to vacate.
- Trial court denied the verified motion to vacate the certificate of title despite pending objections.
- Court recognized lack of opposition but did not hold an evidentiary hearing on objections.
- Court concluded clerk lacked authority to issue certificate with timely objections and remanded for evidentiary hearing.
- On remand, defendants must prove notice issues, settlement breach, and bid inadequacy; defendants may testify.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to issue title with objections | Clerk issued title; objections were pending. | Clerk lacked authority to issue title while objections were timely filed. | Remand for evidentiary hearing; clerk's issuance voided pending hearing. |
| Right to an evidentiary hearing on objections | No evidentiary hearing required since bank offered no opposition. | Evidentiary hearing required to properly address timely objections. | Reversible error to deny evidentiary hearing; remand for hearing. |
| Remand issues to be proven at hearing | N/A (not specified in opinion). | Need to prove notice of sale, settlement breach, and bid inadequacy. | On remand, defendants bear burden to establish these claims. |
Key Cases Cited
- U.S. Bank Nat’l Ass’n v. Bjeljac, 43 So.3d 851 (Fla. 5th DCA 2010) (notice and hearing required to address objections)
- Opportunity Funding I, LLC v. Otetchestvennyi, 909 So.2d 361 (Fla. 4th DCA 2005) (clerk lacks authority to issue certificate when objections timely filed)
- Bennett v. Ward, 667 So.2d 378 (Fla. 1st DCA 1995) (adequate notice may be necessary to preserve right of redemption)
- Indian River Farms v. YBF Partners, 777 So.2d 1096 (Fla. 4th DCA 2001) (remand for evidentiary hearing on timely redemption rights)
- Blue Star Invs., Inc. v. Johnson, 801 So.2d 218 (Fla. 4th DCA 2001) (to vacate a foreclosure sale, need substantial bid inadequacy and irregularity)
- Sperdute v. Household Realty Corp., 585 So.2d 1168 (Fla. 4th DCA 1991) (evidentiary hearing necessary to contest factual issues)
- Richardson v. Chase Manhattan Bank, 941 So.2d 435 (Fla. 3d DCA 2006) (burden on remand to prove lack of notice and related harm)
- Avi-Isaac v. Wells Fargo Bank, N.A., 59 So.3d 174 (Fla. 2d DCA 2011) (reversible error where party denied fair opportunity to contest issues)