Ober v. Town of Lauderdale-By-The-Sea

We grant appellant James Ober’s motion for rehearing, withdraw our opinion of August 24, 2016, and substitute the following.

This case involves the application of section 48.23, Florida Statutes (2014), the lis pendens statute, to liens placed on property between a final judgment of foreclosure and a judicial sale. We hold that such liens are discharged by section 48.23(l)(d).

Background

On November 26, 2007, a bank, which is not a party in this lawsuit, recorded a lis pendens on certain property as part of a foreclosure lawsuit against a homeowner, also not a party in this case. On September…