MUHAMMAD v. AJX MORTGAGE TRUST (2020)

Sameer Muhammad (“Muhammad”) appeals from an order that (1) grants the Motion for Order Confirming the Foreclosure Sale, Instructing the Clerk to Issue Writ of Possession and for Other Relief, filed by the third party purchaser at the foreclosure sale, and (2) denies Muhammad's objection to the foreclosure sale. We affirm.

Muhammad argues that the notice of the foreclosure sale did not comply with section 45.031(2), of the Florida Statutes, because “the record does not reflect a second consecutive publication was ever published.” Section 45.031(2) provides as follows:

(2) PUBLICATION OF SALE.—Notice of sale shall be published once a week for 2 consecutive weeks in a newspaper of general circulation, as defined in chapter 50, published in the county where the sale is to be held. The second publication shall be at least 5 days before the sale․

The record before this Court does not support Muhammad's argument. The notice of judicial sale was printed in the Miami Daily Business Review on Tuesday, March 12, 2019, and again on Tuesday, March 19, 2019. The property was subsequently sold at the judicial sale on March 27, 2019, more than the required five days after the March 19, 2019 date of the second publication. Thus, the notice of sale complies with section 45.031(2). See Karapetyan v. Deutsche Bank Nat'l Tr. Co., 220 So. 3d 542, 543 (Fla. 3d DCA 2017) (holding that the notice of foreclosure sale satisfied the “once a week for 2 consecutive weeks” requirement in section 45.031(2) of the Florida Statutes where the notice was “printed in the Daily Business Review on Friday, April 15, 2016, and again on Friday, April 22, 2016,” and the subsequent sale occurred on “May 4, 2016, more than the required five days after the April 22, 2016 date of the second publication”). Accordingly, we affirm the order on review.

Affirmed.

HENDON, J.