Baker v. The Courts at Bayshore I Condominium Ass'n, Inc.
A condominium association's foreclosure judgment recited the wrong legal description (Bayshore II instead of Bayshore I), an error carried into the certificates of sale and title. The Third District affirmed the trial court's correction of the error under Florida Rule of Civil Procedure 1.540(a), holding that because the error first arose in the final judgment itself — and did not exist in any prior deed, mortgage, or other conveying/encumbering document — it was a clerical scrivener's error correctable without vacating the judgment, sale, and title.
Key facts
- Baker purchased a condominium unit at Bayshore I, financed by a mortgage executed by The Courts at Bayshore I Condominium Association, Inc.
- The condominium association obtained a foreclosure judgment against Baker, but the judgment mistakenly referenced the legal description for Bayshore II instead of Bayshore I, an error that propagated into the certificates of sale and title.
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Why it matters
This opinion gives foreclosure and community-association counsel a clean, citable dividing line: pre-judgment misdescriptions in a mortgage or deed require the full Sanchez/Caddy remedy of vacating judgment, sale, and… — full analysis with a trial
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