182 So. 3d 878
Fla. Dist. Ct. App.2016Background
- Final judgment of foreclosure entered May 2, 2013; property sold at public auction on October 31, 2013 and clerk filed certificate of sale the same day.
- Clerk filed certificate of title on February 7, 2014; clerk later disbursed sale proceeds and filed certificate of disbursements.
- Wells Fargo (senior mortgage) foreclosed; two subordinate lienholders (JP Morgan Chase and a condominium association assignee) claimed surplus proceeds after sale.
- JP Morgan Chase filed its claim to surplus on January 21, 2014 (within 60 days of certificate of title, but ~90 days after certificate of sale).
- The association’s assignee filed on April 8, 2014 (within 60 days of certificate of title, but >100 days after certificate of sale).
- Trial court held both subordinate lienholder claims timely; appeal raised whether the 60-day claim period runs from the clerk’s filing of the certificate of sale (appellant) or from the filing of the certificate of title (appellees).
Issues
| Issue | Plaintiff's Argument (Straub) | Defendant's Argument (subordinate lienholders) | Held |
|---|---|---|---|
| When does the 60-day period to file a claim to surplus begin under §45.031? | 60-day period begins upon filing of the certificate of sale (date of auction). | 60-day period begins upon filing of the certificate of title (when sale is confirmed and ownership transfers). | The 60-day period begins when the clerk files the certificate of title; claims filed within 60 days of that filing are timely. |
Key Cases Cited
- Allstate Mortgage Corp. of Florida v. Strasser, 286 So. 2d 201 (Fla. 1973) (interprets when a judicial "sale" occurs and holds sale is not complete until transfer of ownership is confirmed)
- Emanuel v. Bankers Trust Co., 655 So. 2d 247 (Fla. 3d DCA 1995) (discusses statutory redemption period and effect of enacted §45.0315)
- McClanahan v. Mayne, 138 So. 36 (Fla. 1931) (explains confirmation cures irregularities and makes sale final)