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Home purchased at foreclosure. The bank attempted to set-aside the sale and lost. Who is responsible for attorney fees?

Orlando, FL |

A home was puchased by a third party at foreclosure. The owners of the home did not object and did not show up at the forclosure. The bank(or bank's hired law firm) foreclosing did not add the interest properly and was short on their bid by $11,000. The sale went through to the third party. Within the 10 day period, the bank filed a motion to set aside the foreclosure. The buyers, named as intervenors, contested the motion and have won the case after 5 months. The sale was confirmed and title issued.

The buyers, who did nothing wrong and puchased without any knowledge of a calculation error, have incurred attorney fees as they fought the banks motion to set aside.

As an intervening third party, are they entitled to their legal expense fees?

Any other thoughts on this?

Attorney Answers 2


The intervening third parties should ask their attorney with whom they incurred the fees if any grounds exist under which they can recover the fees they have paid.

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Thank you for the response. Is an intervening third party ever entitled to fees? And are we truely an intervening party as we would have been directly effected if the sale was set aside?


Bidders at foreclosure auctions might be bidding subject to the risk that in the event of a problem, they are entitled to a refund of their monies and nothing more. The actual language, should appear in the auction rules, as found on that jurisdictions Clerk of Court website, or similar. However, as my colleague indicates, the buyer's should confer with their attorney in regards to this.

This information is for educational purposes only and is not to be relied upon as legal advice, legal opinion or as a complete answer/information to/for this discussion. You should always seek competent legal advice from a licensed attorney in your area for help with your specific legal question. No attorney - client relationship is created, intended or should be construed upon from this general discussion. For a free consultation, you may contact me at (305) 320-4LAW.

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Thank you for the reply. To simplify the question, is an intervenor ever entitled to recovering their legal fees?

Andrew Jarrett Sky

Andrew Jarrett Sky



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