Legal Opinion

Rivas v. Bank of N.Y. Mellon

District Court of Appeal of Florida

Decided June 13, 2018No. 4D17–3824PublishedCited by 2 opinions

1Per curiam

*335Affirmed. The appellant may not attack the underlying foreclosure judgment through appeal of an order granting possession of the property after sale. See Dalrymple, Sr. v. Wells Fargo Bank , N.A. , 237 So.3d 389 (Fla. 4th DCA 2018). Appellant was not denied his right of redemption because the right of redemption exists only until the issuance of the certificate of sale, which took place, and certificate of title issued. See § 45.0315, Fla. Stat. (2017). Additionally, there was no procedural error with issuance of the writ of possession because it was issued after denial of appellant's…

2Cases cited2 opinions

  1. Caplan v. NeumannDistrict Court of Appeal of Florida · 1997
  2. Dalrymple v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2018

3Cited by2 opinions

  1. Cameron v. JP Morgan Chase Bank, Nat'l Ass'nDistrict Court of Appeal of Florida · 2018
  2. ELIEZER TAVERAS v. U.S. BANK, N.A., etc.District Court of Appeal of Florida · 2022

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API