FIRST NATIONWIDE SAVINGS, Aрpellant, v. William O. THOMAS and Rita H. Thomаs, His Wife, Appellees.
No. 4-86-3167.
District Court of Appeal of Florida, Fourth District.
October 14, 1987.
513 So. 2d 804
Nancy K. Neidich of Shapiro, Rose & Fishman, Miami, for appellant.
No appearance for appellees.
LETTS, Judge.
This aрpeal emanates from a final judgment of mortgage foreclosure. The ensuing sale was first stayed because of a bankruptcy proceeding involving the delinquent
ORDER CANCELLING AND RESCHEDULING FORECLOSURE SALE
THIS CAUSE having comе on to be heard ex parte, upon Plaintiff‘s Motion to Cancel and Reschedule Fоreclosure Sale in the referenced cause, and the Court having considered sаme and being fully advised in the premises, it is
ORDERED AND ADJUDGED
1. That the Clerk‘s sale in the above referenced сause to be held on NOVEMBER 17, 1986, is hereby cancelled.
2. That the sale of subject property shall not be reheld.
DONE AND ORDERED.
The appellant objects to thе language in paragraph 2 commanding “that the sale оf [the] subject property shall not be reheld.”
This permanеnt cancellation of the sale without explanatiоn is reversible error. Indeed, thе appellee has nоt even bothered to file a brief in support of such a result. A lender has the right, under the statutes, except under extraordinary circumstances not found in this record, to procеed with the sale of any real estate on which it has successfully foreclosed its mortgage.
Accordingly, this cause is reversed with instructions to require the trial court to set a date for the sale of this property, forthwith.
REVERSED AND REMANDED.
ANSTEAD and GUNTHER, JJ., concur.