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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111526
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Has new Florida statute 83.51 helped stop a foreclosure

Customer Question

Has new Florida statute 83.51 helped stop a foreclosure action after the auction? Not sure I wrote down the statute number correctly. It was provided verbally to me after a hearing.
Thanks!
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
Sorry miss typed the question...How has new Florida statute 83.51 helped stop a foreclosure action after the auction? Not sure I wrote down the statute number correctly. It was provided verbally to me after a hearing. Thanks!
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question> I look forward to working with you to provide you the information you are seeking for educational purposes only/

FS 83.51 is the FL landlord tenant statute stating that the landlord must maintain the premises. There was a new foreclosure law passed in 2013, but part of that law, Florida Statutes § 702.036, provides for the finality of mortgage foreclosure judgments. The statute provides that an action to set aside, invalidate or challenge the validity of a final judgment of foreclosure, or to establish or reestablish a lien or encumbrance of property, is limited to monetary damages if all of the following apply: (1) the party seeking relief from the final judgment of foreclosure was properly served in the foreclosure action; (2) the final judgment of foreclosure was entered as to the property; (3) all applicable appeals periods have run and appeals are resolved; and (4) the property has been acquired for value, by a person not affiliated with the foreclosing lender or foreclosed owner, at a time in which no lis pendens regarding the suit to set aside, invalidate or challenge the foreclosure appears in the official records.

So, what this means is that a foreclosure after auction is over and done with, it is final and cannot be overturned. If you prove that the foreclosure was improper, all you could receive is monetary damages.

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