THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS ASSET-BACKED CERTIFICATES, SERIES 2005-BC4 v. KEITH HENRY, ET AL.
The Sixth District Court of Appeal, sitting en banc, affirmed the trial court's denial of a foreclosure judgment holder's motion to vacate a foreclosure sale, holding that equitable relief requires a showing not merely of a procedural irregularity but of an irregularity that actually resulted in injustice to the complaining party. The bank failed to prove that the clerk's pre-sale affidavit requirement caused it any injustice because competent substantial evidence showed the bank could have made a cash bid above its judgment amount on the same terms as any other bidder. The decision also carries a significant procedural holding: a district court of appeal may retain jurisdiction and proceed to decide an appeal despite a party's voluntary dismissal notice when the case is of exceptional public importance and is likely to recur.
Key facts
- Bank of New York obtained a foreclosure judgment for $246,488.76 in January 2019; the judgment required the bank to file a pre-sale certification with the clerk before advancing any post-judgment costs to increase the bid amount.
- At the 2024 foreclosure sale, third-party bidder Keith Henry won the auction with a $262,500 bid, approximately $16,000 above the face amount of the judgment, while the bank's representative was unable to place a competing bid above the judgment amount due to the clerk's affidavit requirement.
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Holdings
- Under Arsali v. Chase Home Fin. LLC, 121 So. 3d 511 (Fla. 2013), a party seeking to set aside a judicial foreclosure sale must allege one or more adequate equitable factors—such as gross…
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