Blanco v. Kinas
Blanco v. Kinas
Opinion of the Court
Intervenors, Mark Blanco, Jose L. Blan-co and Krishna Blanco (“Blancos”), appeal an order denying their motion to vacate a final judgment in foreclosure. We affirm.
In September of 2001, the Blancos’ grandmother defaulted on a note and balloon mortgage for $25,000. Assignee of the mortgage, Koretzky, brought suit to foreclose the note and mortgage and filed a lis pendens in April of 2002. The parties entered into a settlement in January of 2003, whereby the grandmother agreed to pay Koretzky a lump-sum of $34,000, inclusive of principal, interest and attorney’s fees. It was further agreed that if payment was not received by January 15, 2003, Koretzky would be entitled to a final judgment of foreclosure. The grandmother failed to make any payment. In August 2003, Koretzky filed a notice of hearing for a motion for final judgment of foreclosure, which was served upon the parties and a final judgment of foreclosure was entered. In November 2004, the Blancos moved to intervene based on an unrecorded quit claim deed of the property to them from their grandmother signed a few days before she died in April 2003.
We uphold the trial court’s rejection of the Blancos’ claim of lack of notice in that they failed to rebut the presumption that proof of mailing of the notice of the final foreclosure hearing evidences that the notice of hearing was received. E.g., Brown v. Giffen Indus., Inc., 281 So.2d 897 (Fla. 1973); Scott v. Johnson, 386 So.2d 67 (Fla. 3d DCA 1980). Moreover, we uphold the trial judge’s denial of the motion to
Affirmed.
. Although it is not an issue, this court, as did the trial judge, questions why it took so long to raise the issue of this unrecorded deed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.