Alexander Volynsky v. Park Tree Investments 21, LLC

Summary

The Florida Third District Court of Appeal affirmed an order overruling Alexander Volynsky’s objections to a judicial foreclosure sale and directing issuance of a certificate of title to the winning bidder. The court held that Volynsky’s objections were facially deficient because they identified no sufficient equitable grounds for relief and therefore did not require an evidentiary hearing beyond the opportunity to be heard that he received.

Holdings

1. An evidentiary hearing is not required merely because timely post-sale objections are filed; where the objections are facially deficient and are not supported by facts or proffered evidence sufficient to justify equitable relief, notice and a meaningful opportunity to be heard satisfy due process.
2. A generalized allegation that unspecified court notices were not served is legally insufficient to support equitable relief from a foreclosure sale when the borrower was personally served with the foreclosure action and received notice of the final judgment.
3. A bare assertion that the foreclosure-sale price was less than the property's value, without proof of fair market value or another adequate equitable factor, is legally insufficient to set aside the sale.

Questions Presented

1. Whether due process required an evidentiary hearing on Volynsky's post-sale objections to the foreclosure sale.
2. Whether Volynsky's objections were legally sufficient to support equitable relief from the judicial foreclosure sale.

Disposition

affirmed