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Final Judgment was granted on October 2, 2012. How long after the Final Judgment do I have to put in an Appeal?

Orlando, FL |

Foreclosure Auction was on Friday, November 2, 2012 @11:05 AM at an on Online Auction. Is there any type of Emergency Appeal that can be put in to reverse the Final Judgment? Today, I was informed that an Unsigned Order had to accompany the Motion to Objection to Sale Foreclosure. The Judge will not rule on it until this order is submitted as an attachment. Lawsuit was entered on January 23, 2011. How long after that does the Statute of Limitation run or am I forever barred from filing an Appeal to Lawsuit? Does your Law Firm specialize in representation on Foreclosures? If so, how muchdo you charge? Do you have payment plans? (i.e. Monthly) Or, could you recommend me to someone who would take a St. Petersburg, FL case?

Attorney Answers 2

Posted

If there has been a sale, you are to late for redemption. The borrower can stop the foreclosure up until the date of the sale by paying the total amount owed to the lender. After a successful sale, the clerk gives a certificate of sale to the winning bidder. Within 10 days of the sale, the clerk transfers ownership to the winning bidder if no one disputes the sale. In most instances, a borrower has no right of redemption after the certificate of sale is issued.

A notice of appeal may be filed within 30 days from the date the signed, written final judgment of foreclosure is filed in the circuit court file. Fla.R.App.P. 9.110. The 30 days is tolled or stopped if any of the following motions are timely filed: 1) new trial or rehearing, 2) certification, 3) to alter or amend, 4) for judgment in accordance with prior motion for directed verdict, 5) notwithstanding verdict, 6) in arrest of judgment, or 7) a challenge to the verdict. An appeal may be filed within 30 days of the disposition of any of the above motions. Fla.R.App.P. 9.020(g).

Section 45.031(4), F.S., provides that if no objections to the sale are filed within ten days of the sale, the Clerk shall issue a certificate of title. This is a muniment passing title. If any objections are filed, the circuit court must hold a hearing and enter an order disposing of the objections before the Certificate of Title can be issued. Nelson v. Santora, 570 So.2d 1374 (Fla. 1st D.C.A. 1990); Maule Industries, Inc. v. Seminole Rock & Sand Co., 91 So.2d 307 (Fla. 1956).

If the objections are found to be valid, a certificate of title will not be issued. If the objections are overruled, a motion for rehearing may be filed within ten days from the date the order overruling the objections is filed in the court file. A certificate of title may be set aside on rehearing. Maule Industries, Inc. supra. Therefore, if a certificate of title is issued while objections are pending or while the time for filing for rehearing is still open, the certificate may not be insured until the motions and rehearing have been denied.

You should review this matter with an attorney. Many attorneys offer a free consultations, including my office, where we can fully evaluate the complaint, your situation and goals.

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2 comments

Jed R Prest

Jed R Prest

Posted

Ten days have elapsed from the date of the sale. Your opportunity for appeal has lapsed.

Keith Adam Halpern

Keith Adam Halpern

Posted

Very thorough answer from a solid attorney. I would hire him.

Posted

Now then, given the excellent answer from Mr. Prest, I'd like to also tell you that we HAVE, indeed set aside sales using Fla. Rule Civil Procedure 1.540(b) and provided "new evidence" to the Court showing that the judgment should not have been rendered to begin with. Mr. Prest is right with respect to the matters of filing objections to the sale (10 days), and in the other matters he addresses.

Another approach is to file the objections, although late, AND file a Motion for Relief from Judgment pursuant to Rule 1.540(b). It's time and technically intense (not for the weak at heart attorneys). The other thing you'll likely need is a supercedes bond; but the fact that 45.031 is in play to ministerially grant TITLE after the SALE and CERTIFICATE OF SALE--leaves you with some very narrow grounds to get the Circuit (lower) Court to reverse themselves. We've done this when there are abuses in the civil procedure or service of process under 48.031, Florida Statutes.

If you file an Appeal with your District Court of Appeal (DCA) withing thirty (30) days of the final judgment, you can expect to be able to have to file an initial brief in approximately 70 days after that notice both filed with the Circuit and Appellate Courts. It's complex and I have never seen a pro-se litigant get through this without some terminating technical issues stopping their appeal.

Further, if the sale has happened and a bond hasn't been filed, I'm not sure how to reverse the sale unless a 1.540(b) pleading is filed--and it's not particularly cheap--but it's what we do--please have an attorney look at your papers right away to see the route to take.

NOT LEGAL ADVICE--FOR EDUCATIONAL PURPOSES ONLY. We don't know the facts and this is not legal advice. Seek the advice of licensed property law attorneys immediately so they can secure your rights. Hiring an attorney is a serious and important decision. Please ensure that you take the time necessary to evaluate and interview more than one attorney to determine whom to hire.

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