FLORIDA CASE LAW UPDATES
REFAIE V. BAYVIEW LOAN SERVICING, 2D19-4780 (Fla. 2nd DCA May 14, 2021)
Pursuant to section 45.032(3), Florida Statutes, the Second District held the issuance of the certificate of disbursements triggers the running of the 60-day period for filing claims to surplus monies following a foreclosure sale. To conclude otherwise, the Court held, would produce inconsistent application of sections 45.031(7)(b) and 45.032(3). Here, the incorrect legal description and property address on the certificate of title did not invalidate the foreclosure or conveyance of the property because no error occurred prior to entry of the final judgment of foreclosure. All relevant documents preceding the certificate of title contained the correct property address and legal description and all parties were on notice of the foreclosure proceedings and sale of the property. The junior lienholder’s initial motion for surplus proceeds, filed more than 60 days after the filing of the certificates of disbursements, was untimely. The trial court erred by granting the renewed motion for surplus because the initial motion was untimely. Document Link
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