CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - TUESDAY, JANUARY 27, 2026

Can Foreclosure Sale Be Overturned Because Sale Price Is Grossly Inadequate?

Question mark

A dispute arose and the contractor recorded a construction lien, filed a lien foreclosure lawsuit, and obtained a judgment of foreclosure.

January 26, 2026
David Adelstein - Florida Construction Legal Updates

Foreclosure actions are equity actions. See Verzura Construction, Inc. v. Hotel La Petitite Muse, LLC, 50 Fla.L.Weekly D2500a (Fla. 3d DCA 2025). Can a sale price at a foreclosure auction sale be set aside because the foreclosed party believes the sale price is grossly inadequate? A recent case discusses this question and, as you will see, the argument that the sale price is grossly inadequate is not enough to overturn a sale.

Mr. Adelstein may be contacted at dma@kirwinnorris.com


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