SVI Capital, LLC v. Bank of America, etc., Anthony Turner and Susan Turner

SVI Capital, LLC, appeals an order granting Bank of America’s motion to set aside foreclosure sale. We reverse and remand for an evidentiary hearing.

SVI Capital argues on appeal that the trial court erred in granting Bank of America’s motion without first allowing an evidentiary hearing. We agree. “A purchaser at a foreclosure sale is entitled to notice and an opportunity to be heard on a motion to vacate a sale.” Avi-Isaac v. Wells Fargo Bank, N.A., 59 So.3d 174, 177 (Fla. 2d DCA 2011). Bank of America filed the affidavit in support of its motion only two days before the hearing. SVI Capital…