Sudhoff v. Federal National Mortgage Ass'n

I respectfully dissent. I would deny the motion for rehearing because I believe that the judgment of foreclosure and judicial sale should be set aside.

Our recognition that Ms. Sudhoffs right to redemption was denied without due process is difficult to square with allowing to stand either (1) a foreclosure judgment that purports to extinguish all persons’ rights of redemption or (2) the judicial sale after which the mortgagor’s right to redemption expires. The majority correctly notes that Burns v. Bankamerica National Trust Co., 719 So.2d 999, 1001 (Fla. 5th DCA 1998), is factually…