Griffin v. LaSalle Bank, N.A.
A third-party purchaser at a foreclosure sale made substantial improvements to the property before the sale was vacated at the lender's request; he moved in the foreclosure action for damages for betterment. The First District granted prohibition, holding the circuit court lost jurisdiction once final judgment of foreclosure was entered. The Florida Supreme Court quashed, holding that the circuit court retained continuing jurisdiction to consider the purchaser's motion for the value of repairs and improvements after the foreclosure sale was vacated.
Key facts
- Third-party purchaser at a foreclosure sale made substantial improvements to the property before the lender requested that the sale be vacated.
- The purchaser filed a motion in the original foreclosure action for damages for the value of repairs and improvements made to the property.
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Why it matters
This decision gives foreclosure practitioners and third-party bidders a Supreme Court holding that betterment/restitution claims arising from a vacated foreclosure sale can be litigated within the original foreclosure… — full analysis with a trial
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