In short: 14680 EMI, LLC appealed a Miami-Dade ruling on whether a foreclosure sale should be set aside. The Third DCA affirmed without a written opinion, citing Arsali v. Chase. The Florida Supreme Court later held in Arsali that a borrower does not have to prove an inadequate bid price to undo a sale on equitable grounds.
The Facts
TransAtlantic Bank foreclosed on property owned by 14680 EMI, LLC in Miami-Dade County, and the property went to a judicial sale. The owner then fought over whether that sale should stand.
The appellate court issued a citation PCA, so the facts below come from the parties’ arguments as described in the oral-argument video, not from findings in an opinion. The issues argued were whether the grounds for setting aside a judicial sale are independent of each other, so that an irregularity in the sale is enough by itself, or whether an inadequate price must be paired with some irregularity; how objections to a sale work under section 45.031; and whether an appraisal was properly admitted as a business record under section 90.803(6) of the evidence code.
The Decision
On December 12, 2012, a panel of Judges Shepherd and Salter and Senior Judge Schwartz affirmed in a one-word per curiam opinion. It cited the Fourth District’s en banc decision in Arsali v. Chase Home Finance, LLC, 79 So. 3d 845 (Fla. 4th DCA 2012), then pending in the Florida Supreme Court, and U-M Publishing, Inc. v. Home News Publishing Co., 279 So. 2d 379 (Fla. 3d DCA 1973). The opinion does not say which party won below or explain how those cases apply, and it does not address the appraisal-evidence argument. We do not know from the opinion whether the sale was set aside or confirmed, only that the trial court’s ruling was upheld.
The cited Arsali case was later decided by the Florida Supreme Court in July 2013. The Court held that proof of an inadequate bid price is not a necessary requirement to set aside a judicial foreclosure sale. The trial court has discretion to vacate a sale when a party timely objects and shows adequate equitable grounds, such as mistake, surprise, or an irregularity in the sale process.
The Law
Florida judicial sales follow section 45.031. After the clerk files the certificate of sale, a party has 10 days to object; if no objection is filed, the clerk issues a certificate of title and the sale stands confirmed. Under subsection (8), the bid is conclusively presumed to be sufficient consideration, but a party may object to the bid amount within that same 10-day window.
The equitable standard comes from case law. After Arsali v. Chase Home Finance (Fla. 2013), a sale may be set aside on adequate equitable grounds without a showing that the price was grossly inadequate. A low price combined with an irregularity remains a classic ground, but the irregularity, mistake, or surprise can carry the motion on its own. Business-record appraisals are governed by section 90.803(6).
Current law (2026): Section 45.031 (2026) still provides a 10-day objection window after the certificate of sale and a conclusive presumption that the bid is sufficient consideration, subject to a timely objection. The Florida Supreme Court decided Arsali v. Chase Home Finance (SC12-600) in July 2013, after this PCA, holding inadequate price is not required to set aside a sale.
Lessons
- Object fast. Under section 45.031, the 10-day clock after the certificate of sale is the window that matters.
- You do not have to prove the bid was too low to vacate a sale in Florida. Show a real equitable problem: mistake, surprise, or an irregularity in how the sale was handled.
- If price is your argument, bring admissible valuation evidence. An appraisal offered as a business record faces a foundation fight.
- A citation PCA tells you the outcome and the cases the court leaned on, nothing more.
Source: 14680 EMI, LLC v. TransAtlantic Bank, No. 3D12-557 — Fla. 3d DCA (December 12, 2012).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Setting Aside a Foreclosure Sale — Is Irregularity Alone Enough Without a Low Price? | 14680 EMI v. Transatlantic Bank
Go Deeper
- The Florida Foreclosure Sale: Timing, Redemption, Surplus Funds, and When You Have to Move
- The Florida Foreclosure Process, Step by Step
Frequently Asked Questions
How long do I have to object to a foreclosure sale in Florida?
Under section 45.031, a party has 10 days after the clerk files the certificate of sale to object to the sale or the bid amount. If no objection is filed, the clerk issues the certificate of title and the sale stands confirmed. Waiting past that window makes undoing the sale much harder.
Do I have to prove the foreclosure sale price was too low to set it aside?
No. In Arsali v. Chase Home Finance (2013), the Florida Supreme Court held that an inadequate bid price is not required. A trial court may set aside a sale on adequate equitable grounds, such as a mistake or irregularity in the sale, if the objection is timely and properly shown.
What counts as an irregularity in a foreclosure sale?
Examples include a sale that should have been cancelled, defective notice, clerk or counsel errors, or conduct that chilled bidding. In Arsali, the lender’s counsel received the reinstatement payment but failed to cancel the sale. The court looks at whether it would be unfair to let the sale stand.
What is a citation PCA?
It is a per curiam affirmance that gives no explanation but cites one or more cases. The citations hint at the court’s reasoning. In 14680 EMI, the Third DCA cited Arsali and U-M Publishing, but the opinion does not say who won below.
Talk to a Florida foreclosure defense lawyer
Weidner Law, P.A. has defended Florida homeowners in foreclosure and foreclosure appeals for more than 25 years. If you need a foreclosure defense lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
