Arsali v. Deutsche Bank National Trust Co.

Appellant, a third-party purchaser in a mortgage foreclosure sale, appeals the trial court’s denial of his motion for rehearing of the court’s prior order, which granted Deutsche Bank National Trust Company’s emergency motion to rescind and reschedule the foreclosure sale. We reverse because the trial court erred in summarily granting the bank’s motion to rescind the foreclosure sale without notice to appellant and without an evidentiary hearing on the bank’s allegations that the bid was grossly inadequate and resulted from mistake, fraud, or other irregularity in the sale.

On May 1, 2009,…