Chapter 14-1 Introduction

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 generally has no authority to alter, modify, or vacate an order or judgment related to a foreclosure.² We say "generally" because the equitable nature of foreclosure has been held to expand a trial court's post-judgment jurisdiction.³

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. for Certificateholders of Morgan Stanley ABS Capital 1 Inc. Tr. 2003-NC1O v. Del Busto, 254 So. 3d 1050, 1052 (Fla. 3d DCA 2018).

^[3] See generally, Griffin v. LaSalle Bank, N.A., 318 So. 3d 1232 (Fla. Feb. 6, 2020) (the trial court in the foreclosure action has post-judgment jurisdiction to consider a third-party purchaser's...