Real Estate Services Group, Inc. v. Mills
After RESG was the successful bidder at an HOA lien foreclosure sale and the clerk issued a certificate of sale, the homeowner paid the judgment and, together with the association, submitted an agreed ex parte order vacating the sale and returning the bid funds without serving RESG. The Second DCA reversed, holding that a third-party purchaser acquires a protectable legal interest upon purchase and issuance of the certificate of sale and cannot be deprived of it without notice and an opportunity to be heard.
Key facts
- Real Estate Services Group, Inc. (RESG) was the successful bidder at an HOA lien foreclosure sale and received a certificate of sale from the clerk.
- The homeowner paid off the judgment, and the homeowner and HOA association jointly submitted an agreed ex parte order to vacate the sale and return RESG's bid funds without notice to RESG.
- +2 more key facts with a free trial
Why it matters
This gives third-party foreclosure-sale purchasers a clean, citable Second DCA holding that an agreed or ex parte order vacating a sale — including one based on post-sale payoff by the owner — is void for due process… — full analysis with a trial
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