final until disposition of timely filed motion for rehearing.
appeal from the Circuit Court for Miami-Dade County Lower
Tribunal No. 16-608 Beatrice Butchko, Judge.
Pomeranz & Associates, P.A., and Mark L. Pomeranz
(Hallandale), for appellants.
Greenberg Traurig, P.A., Kimberly S. Mello (Orlando), and
Joseph H. Picone (Tampa), for appellee.
FERNANDEZ, LOGUE, and MILLER, JJ.
Nadine Tanis and the Heirs in Estate of Hans Tanis (the
"Heirs"), challenge an order overruling their joint
verified objection to a judicial foreclosure sale. On appeal,
appellants contend the failure to inform a non-record
attorney of the rescheduled judicial sale date violated their
right to procedural due process. Because appellants were
adequately furnished with notice of the sale, and the ensuing
objection was both unfounded and untimely, we affirm the
exercise of discretion by the lower tribunal.
February 16, 2007, Hans Tanis negotiated an adjustable rate
promissory note in favor of IndyMac Bank, F.S.B.
("IndyMac"), a federally chartered thrift
institution. The note was secured by a contemporaneously
executed mortgage encumbering Mr. Tanis's residential
property located in North Miami, Florida.
March 9, 2012, Mr. Tanis conveyed the same property by
quitclaim deed to Nadine Tanis. The following day, he passed
away. Less than one year later, IndyMac declared a default
under the terms of the note and mortgage.
early-2016, appellee, HSBC Bank USA, National Association, as
Trustee for Deutsche ALT-A Securities Mortgage Loan Trust,
Series 2007-OA2 Mortgage Pass-Through Certificates (the
"Trustee"), initiated the foreclosure proceedings
below against Ms. Tanis and the Heirs. Attorney James
Jean-Francois filed a notice of appearance and responsive
pleadings on behalf of Ms. Tanis. Thereafter, the trial court
appointed an active member in good standing of the Florida
Bar to serve as guardian ad litem on behalf of the Heirs (the
"Guardian"). The Guardian filed an answer generally
denying the allegations set forth within the complaint.
2017, after conducting a duly noticed non-jury trial, the
lower court entered a final judgment of foreclosure in favor
of the Trustee. A judicial foreclosure sale was subsequently
slated for February 26, 2018. Three days prior to the
scheduled sale, attorney Mark Pomeranz filed an emergency
motion for continuance on behalf of Ms. Tanis and the Heirs.
Pomeranz neither filed a notice of appearance nor sought to
substitute as counsel of record.
trial court granted the motion, in open court, and
rescheduled the sale for May 29, 2018. The Trustee was the
successful bidder at the sale. On June 1, 2018, the clerk of
courts filed the certificate of sale and served the same on
both Jean-Francois and the Guardian. On June 14, 2018, the
clerk issued the certificate of title. On July 2, 2018,
Pomeranz filed a verified objection to the sale, citing his
failure to receive notice of the rescheduled sale date and
the pursuit of "loss mitigation." The lower
tribunal convened a hearing on the objection and, ultimately,
denied relief. The instant appeal ensued.