Chapter 14-1 Introduction

• Jurisdiction: Florida

14-1 Introduction

There are times when the parties in a foreclosure need a do-over. In such circumstances, there are two Florida Rules of Civil Procedure that allow for such, namely Rules 1.530 and 1.540.¹ These two rules are important because, after more than 15 days after entry, except as provided by Rules 1.530 and 1.540, Florida Rules of Civil Procedure, the trial court has no authority to alter, modify, or vacate an order or judg-ment.²

These two rules are the subject of this chapter, as well as two other post-judgment topics, namely the mechanisms for objections to foreclosure sales and for seeking surplus funds from a foreclosure sale.

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Notes:

^[1] "Except as provided by Rules 1.530 and 1.540, Florida Rules of Civil Procedure, the trial court has no authority to alter, modify or vacate an order or judgment." Shelby Mut. Ins. Co. of Shelby, Ohio v. Pearson, 236 So. 2d 1, 3 (Fla. 1970).

^[2] Deutsche Bank Nat'l Tr. Co....