251 So. 3d 227
Fla. Dist. Ct. App.2018Background
- Eduartez defaulted on a mortgage; final foreclosure judgment set a sale date and retained court jurisdiction, including a 60-day deadline for subordinate lienholders to claim surplus proceeds after the sale.
- Foreclosure sale occurred June 21, 2016; clerk issued Certificate of Sale (June 24) and, after no objections, Certificate of Title and Certificate of Disbursements on July 8, 2016 showing a surplus (~$41,569).
- Association did not file a surplus claim within 60 days of the sale; Degel (purchaser) moved to disburse funds to Association 65 days after the sale; Association moved 72 days after the sale.
- Trial court (relying on Straub) treated the 60-day period as beginning on the clerk’s Certificate of Title and ordered disbursement to Association on September 6, 2016; Eduartez did not appeal that order but later filed a Rule 1.540(b)(4) motion arguing the order was void for lack of jurisdiction.
- The district court held, as a matter of statutory construction, the 60-day period runs from the foreclosure sale (agreeing with Glenville), but affirmed denial of Rule 1.540 relief because the September 6, 2016 disbursement order was erroneous, not void, and the court retained jurisdiction over surplus disbursements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When does the 60-day deadline to file a claim to surplus proceeds commence? | (Eduartez) 60-day period begins on the foreclosure sale date (June 21, 2016). | (Association) 60-day period begins when clerk issues and files Certificate of Title (July 8, 2016). | Court: 60-day period begins on the foreclosure sale date (statutory "sale" means the public auction). |
| Was the September 6, 2016 disbursement order void for lack of subject-matter jurisdiction (so Rule 1.540 relief is available)? | (Eduartez) Order void because motions were untimely and court lacked jurisdiction. | (Association) Court retained jurisdiction over disbursements; any error was reversible but not void. | Court: Order was erroneous but not void; trial court had jurisdiction to determine and disburse surplus, so Rule 1.540 relief unavailable. |
Key Cases Cited
- Straub v. Wells Fargo Bank, N.A., 182 So.3d 878 (Fla. 4th DCA 2016) (held 60-day period begins on clerk's issuance of Certificate of Title)
- Bank of N.Y. Mellon v. Glenville, 215 So.3d 1284 (Fla. 2d DCA 2017) (held 60-day period begins on the foreclosure sale)
- Dade County Sch. Bd. v. Radio Station WQBA, 731 So.2d 638 (Fla. 1999) (Tipsy Coachman doctrine: correct result may be affirmed on any legal basis supported by the record)
- Dever v. Wells Fargo Bank Nat'l Ass'n, 147 So.3d 1045 (Fla. 2d DCA 2014) (supports rule that 60-day period runs from foreclosure sale)
- Theodorides v. Theodorides, 201 So.3d 141 (Fla. 3d DCA 2015) (Rule 1.540 cannot be used to remedy legal error that is not void)