Nivia v. Bank United

114 So.3d 391

Lilia NIVIA, Appellant,

v.BANK UNITED, Appellee.

No. 4D12–2831.

District Court of Appeal of Florida, Fourth District.

May 22, 2013.

Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; William Haury, Judge; L.T. Case No. 11–11023.

Lilia Nivia, Weston, pro se.

Joseph C. Savino of Lazer, Aptheker, Rosella & Yedid, P.C., West Palm Beach, for appellee.

PER CURIAM.

The mortgagor appeals the trial court's order denying her motion to cancel foreclosure sale after the court granted final summary judgment in favor of appellee, Bank United. Appellant argues that the court erred in denying her motion to cancel the foreclosure sale since the sale took place while the parties were engaged in the federal Home Affordable Modification Program (“HAMP”). The bank argues that appellant was given proper notice that she did not qualify for a modification under the program. She claims that pursuant to HAMP procedures and the HAMP Supplemental Directive 10–02, dated March 24, 2010, addressing borrower outreach and communication, the sale should have been postponed for thirty days from the date of the notice of non-approval of the modification. That directive, however, does not require a thirty-day postponement where the request for HAMP modification was made after a foreclosure...