IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT

IN AND FOR BROWARD COUNTY, FLORIDA

CASE NO: CACE 16-001715

DIVISION: (05)
LIBRARY SQUARE ASSOCIATION,
Plaintiff,

vs.

JACOB FRANCOIS, et. al.

_ Defendant /
DEFENDANTS JACOB FRANCOIS AND VERIFIED OBJECTION TO SALE
AND MOTION TO SET ASIDE CERTIFICATE OF SALE

COMES NOW the Defendant, JACOB FRANCOIS, whom hereby files this

Verified Objection to Sale and Motion to Set Aside Certificate of Sale and as support

therefore states:

1. A judgment of foreclosure was entered in this case on March 6, 2017 which

scheduled a foreclosure sale to eventually occur on June 6, 2017.

2. However, pursuant to Fla.R.Civ.P. 1.530, on March 17, 2017 and May 25,

2017, I filed a Motion for Rehearing regarding the January March 6, 2017 judgment of

foreclosure. Both the March 17, 2017 and May 25, 2017 motions for rehearing are still

pending before this Court.

3. Despite the pending motions for rehearing, Plaintiff attorneys did nothing to

prevent the June 6, 2017 foreclosure sale but instead took the affirmative actions of filing

a notice of sale and publishing said notice of sale for public auction.

4. Here, the pending motions for rehearing precluded the foreclosure sale of my

home which occurred on June 6, 2017.

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 5. Additionally, Florida Rules of Judicial Administration (Fla. R. Jud. Admin),

section 2.516(a) requires that: every pleading subsequent to the initial pleading and

every other document filed in any court proceeding.must be served in accordance

with this rule on each party. (emphasis added). Here, there is absolutely no evidence in

this record that proves Plaintiffs attorney served me a copy of its notice of sale filed in

this action on May 4, 2017

6. An alleged notice of sale was filed in this action on May 4, 2017.

7. The irregular foreclosure sale of my property occurred on June 6, 2017 -

without the notice of sale being served upon me in accordance with the Florida Rules of

Judicial Administration.

Legal Argument

A Pending Motion for Rehearing

Precludes a Foreclosure Sale

8. It is well settled that a foreclosure sale cannot be held while a timely motion

for rehearing is pending because enforcement of a final judgment is suspended by the

filing of the rehearing motion. See 944 CWELT-2007 LLC v. Bank of America, NA, 194

So. 3d 470. (Fla. 3d DCA 2016); United Invs. Ltd. P'ship v. Resolution Tr. Corp., 566

So.2d 370, 370 (Fla. 3d DCA 1990) (Mem). Also See Wollman v. Levy, 489 So.2d 1239

(Fla. 3d DCA 1986) ("Once a timely motion for rehearing is made, the operation of the

judgment is suspended until the motion is disposed of. Here in this instant case, I timely

moved for a rehearing; therefore, the sale of the property should not have been carried out

until the motion had been acted upon."); Hoffman v. BankUnited, N.A., 137 So.3d 1039

(Fla. 2d DCA 2014)

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Failure to Properly Serve
Notice of Sale

9. The failure to give adequate notice of a judicial sale may effectively deprive

the defendant of the right to redeem the property. See Regner v. Amtrust Bank 71 So.3d

907 Fla. 4th DCA 2011); also See Bennett v. Ward, 667 So. 2d 378, 382 (Fla. 1st DCA

1995) ("The failure to give adequate notice of a judicial sale may effectively deprive the

mortgagor of the right to redeem the property."); Indian River Farms v. YBF

Partners, 777 So.2d 1096, 1098-99 (Fla. 4th DCA 2001) (remanding for evidentiary

hearing on whether mortgagor's assignee timely exercised its right of redemption before

the issuance of the certificate of title) .

10. Even if a defendant is unable financially, to redeem his property, he still has

an interest in seeing that prospective purchasers are aware of and are present at the

judicial sale. Certainly, sufficient sale proceeds may reduce the defendants indebtedness

and the size of the deficiency judgments, if any.

11. In accordance with Florida Statute 45.031(8), I am hereby specifically

objecting to the amount of the bid and final sales price.

12. Section 45.031(5) of the Florida Statute is clear in that."If timely objections

to the bid are served, the objections shall be heard by the court." "For the court to `hear'

objections, it must provide both notice and an opportunity for any interested party to

address those objections." U.S. Bank Nat'l Ass'n v. Bjeljac, 43 So.3d 851, 853 (Fla. 5th

DCA 2010) (citations omitted).

WHEREFORE, I, the Defendant Jacob Francois respectfully requests that this

Court sustain this Objection to Sale and set aside the Certificate of Sale; and enter such

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