Gianthony Homes, Inc. v. U.S. Bank National Ass'n

Gianthony Homes, Inc. and Avondale Diversified, Inc., appeal from an ex parte order setting aside a foreclosure sale and directing the Clerk to not issue them a certificate of title. We reverse because the record reflects that the order was obtained without notice to the appellants.

Appellee, U.S. Bank National Association, obtained a final judgment of foreclosure against Raphael Mendes. Appellants were the high bidders at the foreclosure sale, paid the price bid, and were issued a *839certificate of title. Shortly thereafter, U.S. Bank filed an “Ex Parte Agreed Motion to Set Aside Foreclosure…