Sutton v. Wilmington Trust, N.A.
After the parties both moved to postpone a foreclosure sale to finalize refinancing (following the death of the borrower's husband), no hearing occurred before the holiday weekend and the sale proceeded to a third-party bidder. The trial court denied the borrower's motion to vacate because she showed no fraud or irregularity in the conduct of the sale. The Third District reversed, holding that under Arsali v. Chase Home Finance a court may set aside a judicial sale on any adequately pled equitable ground, including mistake, and remanded for consideration of the equitable grounds alleged.
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