![]() ![]() 3d DCA 2017) (“It is well established that a purchaser of property that is the subject of a pending foreclosure action is not entitled to intervene in the foreclosure action where a notice of lis pendens has been recorded.”) Andresix Corp. As such, Asset Recoveries was “on notice that the property subject to a foreclosure action” and was therefore, under the facts of this case, not entitled to intervene in the foreclosure action. Here, it is undisputed that the lis pendens was filed prior to Asset Recoveries’ purchase of the property. As this Court has noted, “ndeed, if such a buyer purchases the property, he does so at his own risk because he is on notice that the property is subject to the foreclosure action.” Id. 4th DCA 2004) (“A trial court is divested of jurisdiction upon notice of appeal except with regard to those matters which do not interfere with the power and authority of the appellate court or with the rights of a party to the appeal which are under consideration by the appellate court.”) 3 347 (Fla. On April 16, 2018, the trial court granted the motion while still authorizing Asset Recoveries to “participate at the trial or evidentiary hearing in this matter to facilitate this Court determining the amount owed to Plaintiff, or the redemption amount.” Because the trial court lacked jurisdiction to amend the order on appeal, we continue to review the original Januorder on appeal. ![]() ![]() 3d 345, 1 While this appeal was pending, Asset Recoveries filed an ex parte motion to vacate the order on appeal. ” This appeal followed.1 Analysis Under Florida law, “when property is purchased during a pending foreclosure action in which a lis pendens has been filed, the purchaser generally is not entitled to intervene in the foreclosure action.” Bymel v. The trial court allowed Asset Recoveries to intervene but “only for the purpose of challenging or questioning witnesses and participating in proceedings to determine the amount owed to. Concerned that Space Coast’s claim for attorney’s fees was excessive and Space Coast failed to properly credit all payments made to it by prior owners, Asset Recoveries filed a motion to intervene for the limited purpose of establishing the proper redemption amount. Pursuant to that judgment, the property was sold to Asset Recoveries, the appellee. against the real property that is the subject of the 2 instant foreclosure action.” After securing a default on the crossclaim, the Decedent’s Brother obtained a foreclosure judgment against the heirs and the estate. The Decedent’s Brother sought to “foreclose claim and lien and to impose a constructive or resulting trust. The Decedent’s Brother then filed a crossclaim against the estate, the heirs, and National Equity, for mortgage payments he made as loans to the Decedent Borrower. Significantly, Space Coast recorded a new notice of lis pendens. Subsequently, however, the court set aside the judgment on Space Coast’s own motion so that Space Coast could add as defendants the estate of the Decedent Borrower, the Decedent Borrower’s heirs, National Equity Recovery Services (who had been assigned the rights of the heirs), and the Decedent’s Brother. Space Coast ultimately obtained a final judgment of foreclosure. To the tenant’s knowledge, the property had been passed to Yves Frantz Goldman (“Decedent’s Brother”). The answer disclosed that the Decedent Borrower had passed away. The following month, on January 22, 2016, a tenant living on the property filed a pro se answer. Space Coast filed a foreclosure action against Eric Goldman (“Decedent Borrower”) in December 2015. Because Asset Recoveries purchased the property at issue after Space Coast filed its notice of lis pendens, the trial court erred by allowing Asset Recoveries to intervene, and accordingly, we reverse. Space Coast Credit Union appeals the trial court’s order granting Asset Recoveries, LLC the right to intervene in this foreclosure action. Meyer, P.A., for appellee Asset Recoveries, LLC. Grayson and Gaspar Forteza, for appellant. Blaxberg, Grayson, Kukoff & Forteza, P.A., and Moises T. An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Reemberto Diaz, Judge. 15-29481 _ Space Coast Credit Union, Appellant, vs. Not final until disposition of timely filed motion for rehearing. Third District Court of Appeal State of Florida Opinion filed December 18, 2018. ![]()
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