Baez v. Perez

The purchaser at a mortgage foreclosure sale appeals an order granting the defendant homeowner’s motion to vacate final judgment of foreclosure and directing the clerk to vacate, the certificate of sale and certificate of title. Because the motion did not allege proper grounds for relief pursuant to Florida Rule of Civil Procedure 1.540, which grounds should have been raised in an appeal from the final judgment and were already addressed in a prior motion, we reverse for reinstatement of the final judgment, certificate of sale, and certificate of title.

Regions Bank, which has joined in the…