Opinion
No. 4D11-3038
08-22-2012
HSBC BANK USA, NATIONAL ASSOCIATION, as trustee for DEUTSCHE ALT-A SECURITIES, INC., MORTGAGE LOAN TRUST, MORTGAGE PASS THROUGH CERTIFICATES SERIES 2006-AR3, Appellant, v. MARIE NIXON, MICHAEL NIXON CROSS MEDIA MARKETING CORPORATION, INC., JAVIER PARRAGUIRE; JOHN DOE and JANE DOE as tenants in possession of the subject property, and 3L REAL ESTATE, LLC, Appellees.
Justin C. Leto of The Leto Law Firm, Miami, for appellant. Jonathan J. Alfonso of Wesoloski Carlson, P.A., Miami, for appellee 3L
.
We reverse the trial court's order denying the motion to vacate a foreclosure sale based on our recent decision in Simonson v. Palm Beach Hotel Condominium Ass'n, No. 4D12-706 (Fla. 4th DCA July 11, 2012), in which we held that when a trial court "adopts the statutory framework of section 45.031, it must adhere to the statute's provisions." Here, as in Simonson, the final judgment required that the foreclosure sale be conducted in accordance with section 45.031, Florida Statutes (2012), but no notice of sale was published prior to the sale as required by section 45.031(3). Therefore, it was error to refuse to vacate the sale.
Reversed and remanded for further proceedings. GROSS, HAZOURI and CONNER, JJ., concur.
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Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; John J. Hoy, Judge; L.T. Case No. 502008CA034262XXXXMB (AW).
Justin C. Leto of The Leto Law Firm, Miami, for appellant.
Jonathan J. Alfonso of Wesoloski Carlson, P.A., Miami, for appellee 3L Real Estate, LLC.
Not final until disposition of timely filed motion for rehearing.