Prieto v. Federal National Mortgage Ass'n

ON CONFESSION OF ERROR

LOGUE, J.

In this foreclosure case, the borrowers appeal the post-judgment order denying their motion to vacate the foreclosure sale. The property was sold to the lender while the borrowers’ timely motion for rehearing of the judgment was pending. Based on the lender’s commendable confession of error, we agree that the foreclosure sale must be set aside. See Wollman v. Levy, 489 So.2d 1239 (Fla. 3d DCA 1986) (“Once a timely motion for rehearing is made, the operation of the judgment is suspended until the motion is disposed of. [The borrowers] timely moved for a…