American Mortgage Solutions, LLC v. Fresh Brix Properties, LLC

Summary

The Florida Third District Court of Appeal granted American Mortgage Solutions, LLC’s amended petition for writ of certiorari in a mortgage foreclosure action. The court held that the trial court departed from the essential requirements of law by permitting post-judgment intervention by a post-lis pendens purchaser and by setting aside the foreclosure judgment. The court quashed the orders granting intervention and setting aside the judgment and amended judgment.

Holdings

1. The trial court departed from the essential requirements of law by granting Sason's post-judgment motion to intervene. Post-judgment intervention is generally not allowed, and a purchaser who acquired property after a lis pendens was recorded is not entitled to intervene in the pending foreclosure action.
2. Sason lacked standing to seek relief from the foreclosure judgment under Florida Rule of Civil Procedure 1.540 because he was not a party or a party's legal representative, and the limited Pearlman exception did not apply to a post-lis-pendens purchaser.
3. Certiorari relief was warranted because the orders departed from the essential requirements of law, caused material or irreparable harm during the remainder of the case, and could not be adequately corrected by post-judgment appeal.

Questions Presented

1. Whether the trial court departed from the essential requirements of law by allowing a purchaser who acquired the property after a lis pendens was recorded to intervene after entry of the foreclosure judgment.
2. Whether the post-lis-pendens purchaser had standing under Florida Rule of Civil Procedure 1.540 to seek relief from the foreclosure judgment.
3. Whether the challenged orders caused the type of irreparable or material harm necessary for certiorari relief.

Disposition

quashed