For Closure in Foreclosure: The Florida Supreme Court Accepts the Fourth District Court of Appeals Do-Ober.
Great news for investors and financial institutions alike! While Florida was hunkered down preparing for Hurricane Irma the Florida Supreme Court declined to exercise jurisdiction and denied the Petition for Review filed last April by the Town of Lauderdale-by-the-Sea. Now, as concluded by the 4th DCA, there is no doubt that the proper reading of the Lis Pendens Statute 48.23(1)(d) is that a judicial sale discharges all interests and liens from the time of the recording of the Notice of Lis Pendens through the transfer of title, as a result of the judicial sale. It does not matter whether the liens or interests were recorded before or after the final judgment of foreclosure.
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