FORECLOSURE SALE THROWN OUT IN FLORIDA

December 18, 2015

A Pinellas County (Clearwater) Florida Circuit Judge today vacated a foreclosure sale on Motion on the borrower and her newly retained counsel Jeff Barnes, Esq., who is assisted by paralegal John Krondes of Connecticut. The borrower filed an objection to the sale prior to retaining Mr. Barnes and Mr. Krondes. The matter was set for hearing today.Mr. Barnes filed a Motion for Evidentiary Hearing as the law in Florida is that an objection to sale must be the subject of an evidentiary hearing, and may not be decided solely on affidavits or argument of counsel.

The Florida 4th District Court of appeal earlier this year reversed a Circuit Judge’s approval of a sale in another case where the borrower filed an Objection to the sale and where the Judge in that case permitted the sale to proceed without an evidentiary hearing on the borrower’s objection to the sale.

The borrower has retained two (2) expert witnesses and will be filing a Motion to Vacate the Final Judgment being prepared by Mr. Barnes and Mr. Krondes based on recent Florida case law.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

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