August 9, 2018

Florida Court Clarifies Rules As To Judgments In Foreclosure Actions

Commercial and residential foreclosure actions may impact important property rights and raise complex issues.  In a recent case, a Florida trial court entered a judgment of foreclosure and a separate judgment awarding damages for breach of a credit agreement.  The trial court allowed the plaintiff  to simultaneously execute on the money judgment and foreclose on the defendant’s property.  The defendant appealed.  On appeal, the appellate court stated that a trial court may not simultaneously allow a party to execute on a money judgment and foreclose on a subject property.  The appellate court stated that doing so may allow recovery of an amount that exceeds the debt.  The appellate court stated that the trial court “may enter a final judgment of foreclosure that allows for immediate execution of the damages award, so long as the trial court withholds the setting of the foreclosure sale of the property until the plaintiff certifies that its money judgment has not been satisfied.”  The appellate court ruled that “On remand, the trial court shall modify the foreclosure judgment so as to withhold the setting of the foreclosure sale of the property until the [plaintiff] certifies that its money judgment remains unsatisfied.”

For more information about the topic of this blog post, please contact Stark Weber PLLC’s Steven D. Weber at 305-377-8788 or steve@starkweber.com.

<<BACK TO STARK WEBER BLOG