FLORIDA APPELLATE COURT REVERSES ORDER REFUSING TO EVICT MORTGAGORS AFTER FORECLOSURE OF SECOND MORTGAGE

Florida’s Sixth DCA reversed the trial court’s order refusing to evict mortgagors, Ana Diaz-Pichardo and Alejandro Pichardo (the “Pichardos”), from their real property, which was subsequently sold to Upland Ventures, Inc., at a foreclosure sale. Upland Ventures, Inc. v. Diaz-Pichardo HSBC Bank USA, N.A., 2025 Fla. App. LEXIS 6257, *1 (Fla. 6th DCA August 15, 2025).

As justification for refusing to evict the Pichardos, the trial court reasoned that the foreclosure which resulted in the public sale was of the second mortgage rather than the first mortgage so Upland Ventures only purchased a “judgment on a second mortgage” not title to the property or the right to possession. 1 Upland Ventures appealed the trial court’s ruling.

On appeal the Sixth DCA first pointed out that there was no law to support the Picardos’ position or the trial court’s order. 2 The Court noted the plain language of the Judgment and pertinent statutes 3 pertaining to foreclosures and foreclosure sales indicated that upon the sale of the property, the defendants’ claim in the property “shall be foreclosed” and the successful bidder “shall be let into possession of the property.” 4

The Court further clarified that “[b]y its very nature, a foreclosure sale of property involves the sale of the property, not a sale of the mortgage being foreclosed or of a ‘judgment on a mortgage.’ ” 5 Also, noting the trial court had no discretion in the matter based on the mandatory language of §45.031(6), Upland Ventures acquired title and the right to “immediate possession” of the property upon issuance of the Certificate of Title. 6

The Sixth DCA reversed the order denying Upland Venture’s motion for writ of possession and remanded the matter so the trial court could enter the writ of possession.

1 Upland Ventures, Inc., at 3.

2 Upland Ventures, Inc., at 4.

3 Foreclosure sales are conducted in accordance with § 45.031, Fla. Stats.

4 Upland Ventures, Inc., at 3-4.

5 Upland Ventures, Inc., at 4.

6 Upland Ventures, Inc., at 5.

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