Wednesday, January 25, 2012

Case from the 1st DCA 1/24/12


Blue v. Covington County Bank, 77 So. 3d 909, 2012 Fla. App. LEXIS 805  (Fla. 1st DCA 2012) dismissed the appeal filed by Blue because the trial court reserved jurisdiction to determine the fair market value of the foreclosed property, making the appeal premature.  The court rejected Blue’s argument that the orders were final because the Summary Final Judgment was enforceable against him in the entire amount owed less the amount of the credit. “In post-foreclosure proceedings to establish a deficiency judgment, the trial court must determine the value of property sold in satisfaction of the underlying debt… In light of the reservation of jurisdiction, the trial court’s judicial labor is not complete and the orders are not final. …  Finally, although the Court lacks jurisdiction to address the merits of the appeal, it is worth noting that where a trial court has determined that a hearing is necessary to determine the amount of a deficiency, if any, a mortgagee should not be permitted to attempt to execute on a promissory note following the foreclosure sale and before entry of a deficiency judgment.” 

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