Ayala Law Defeats Last-Minute Effort to Stop $335,000 Foreclosure Sale

We recently secured an important post-trial victory for our client in Miami-Dade County, defeating an emergency attempt to stop the enforcement of a $335,000 equitable lien.

Following a jury trial, the Court entered a final judgment awarding our client $335,000 in damages and a $335,000 equitable lien against the Miami property at issue. We then moved to foreclose the equitable lien, and the Court granted this, scheduling the property for sale.

The Attempt to Stop the Sale

Shortly before the scheduled foreclosure sale, the defendant filed an emergency motion asking the Court to cancel or stay the sale. Among other arguments, the defendant claimed that the property was protected homestead and that allowing the sale to proceed would cause irreparable harm.

The defendant later also sought a stay pending appeal, again asking the Court to stop the scheduled sale. Our attorneys opposed those efforts, arguing that there was no legal basis to delay enforcement of the judgment.

We also presented evidence challenging the defendant’s homestead claim, including records indicating that the Miami-Dade property appraiser had determined that the defendant was not entitled to a homestead exemption on the property after discovering that it was being rented. The opposition also referenced homestead penalties and evidence connecting the defendant to a separate residence in Broward County.

The Court Denies the Emergency Motion

Today, after considering the motion, the record, and the arguments of counsel, the Court denied the defendant’s request to cancel the foreclosure sale.

The Court further confirmed that our client holds an equitable lien against the property and ordered that the property proceed to the scheduled foreclosure sale for no less than $335,000. The ruling preserves our client’s ability to enforce the judgment against the property.

Attorney Eduardo A. Maura stated, “Winning at trial is only part of the process. When a judgment is not voluntarily satisfied, we remain focused on protecting the client’s rights through enforcement. In this case, we successfully defended the equitable lien and preserved our client’s ability to proceed with the court-ordered sale.”

This case is also a useful reminder that litigation does not necessarily end with a favorable verdict. Post-trial motions, requests for stays, appeals, and collection proceedings can determine whether a successful party is ultimately able to enforce the relief obtained in court. That is why it is important to have a legal team behind you skilled enough to see it through until the end. Foreclosure Foreclosure Foreclosure Foreclosure Foreclosure Foreclosure

If you need legal help, please don’t hesitate to contact one of our experienced attorneys at 305-570-2208. 

You can also contact our team directly at: arianna@ayalalawpa.com                     

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[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].