Motion to Vacate Foreclosure in FL

1 Reply

I won a Florida county foreclosure auction last month. Did all my DD, home unoccupied, left alone for years, pool growing plants out of it etc. Owners apparently made some Payments out the blue apparently to the bank and they “forgot” to cancel the scheduled auction. Needless to say it went through and I had the highest bid, over the judgment, owners would have got over 20 grand in surplus funds. The bank sent a letter to the court after hours the night before and it was not recorded. The judge agreed with the motion to vacate the sale, I was sent a letter for the hearing about 2 months or so down the road. I filed a motion to get my funds returned since the likelihood of me arguing and getting the motion reversed is unlikely. Question is do I have to wait for the hearing to get my money back? Even the Clerk of Court couldn’t tell me payment returned by check or funds to realforclose account... I could lawyer up if I need too

Originally posted by @Adam J. :

I won a Florida county foreclosure auction last month. Did all my DD, home unoccupied, left alone for years, pool growing plants out of it etc. Owners apparently made some Payments out the blue apparently to the bank and they “forgot” to cancel the scheduled auction. Needless to say it went through and I had the highest bid, over the judgment, owners would have got over 20 grand in surplus funds. The bank sent a letter to the court after hours the night before and it was not recorded. The judge agreed with the motion to vacate the sale, I was sent a letter for the hearing about 2 months or so down the road. I filed a motion to get my funds returned since the likelihood of me arguing and getting the motion reversed is unlikely. Question is do I have to wait for the hearing to get my money back? Even the Clerk of Court couldn’t tell me payment returned by check or funds to realforclose account... I could lawyer up if I need too

Unfortunately you are most likely at the mercy of the county, until they get their instructions from the court.  I have had funds tied up for months and months waiting for deeds to get recorded after a sale, etc.  They all work at different speeds it seems.  

 

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