Diaz v. U.S. Bank, N.A.


Third-party purchaser loses certificate of title on appeal. In Diaz v. U.S. Bank, N.A., (3rd DCA 2018) the Court found that the trial court erred in denying the objection and motion to vacate sale, where the foreclosure sale was conducted while a motion for rehearing, directed at the final judgment, remained pending. The third-party purchaser’s contention that the Defendant did not act with reasonable diligence in securing a hearing and ruling on the motion for rehearing ahead of the scheduled foreclosure sale was unpersuasive.

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