The United States challenges the lower court’s order disbursing excess foreclosure sale proceeds .to Mrs. Willie Inez Sneed, contending that its claim to the proceeds was superior to Mrs. Sneed’s claim. We reverse.
In 1982, the Federal Land Bank of Columbia, as first mortgagee, filed a complaint for foreclosure of 130 acres of land in Suwannee County owned by Heard and Willie Inez Sneed. The United States of America through the Farmers Home Administration (United States) was also named as a defendant since it held second, third, and fourth mortgages totalling $97,-400.00 on the same land. A default was entered against the Sneeds for failure to serve any responsive pleading. The United States filed an answer to the complaint, requesting the court, among other things, to adjudicate the equities of the parties, allow the United States to exercise its right of redemption within one year if the property was sold, and apply the proceeds derived from any sale to the liens of the parties in order of their priority. The lower court entered a final judgment of foreclosure finding that the Federal Land Bank of Columbia was due $35,779.51 and ordering the property sold to the highest bidder. The lower court also gave the United States a right of redemption and reserved jurisdiction to enter further orders.
At the foreclosure sale, the United States made the successful bid of $76,624.66, which it promptly paid into the court registry. The clerk of the circuit court issued a certificate of title to the United States, disbursed all proceeds due to the Federal Land Bank of Columbia, and left the excess of $39,827.39 in the registry pending fur
In December 1991, Mrs. Sneed filed a motion for disbursement of the surplus proceeds.
The questions presented by the United States are (1) whether the United States had a superior right to the surplus proceeds; (2) whether Barnes v. Escambia County Employees Credit Union,
The rights of the United States as a junior lienholder and of Mrs. Sneed as owner are governed by case law. “[A]ny surplus remaining after a foreclosure sale should be paid to the junior lienholders in accordance with the priority of their liens on the property and ... only after the liens have been satisfied may any surplus be disbursed to the owner of the equity of redemption.” General Bank, F.S.B. v. Westbrooke Pointe, Inc.,
Although the United States did not offer proof of the exact amount owed to it until the hearing in 1992, proof of the indebtedness was offered at the time of the foreclosure. The circuit court erred by focusing upon the United States’ failure to file a crossclaim or a counterclaim. See D.A.D., Inc. v. Poole,
The statute of limitations defense raised by Mrs. Sneed is inapplicable. In the final judgment of foreclosure, the lower court reserved jurisdiction to enter further orders in the case. Such a reservation of jurisdiction continued the court’s authority to distribute the proceeds.
Barnes v. Escambia County Employees Credit Union,
The order disbursing proceeds is REVERSED and the cause REMANDED for the circuit court to distribute the surplus proceeds to the United States.
Notes
. Mr. Sneed died on July 11, 1984.
. Mrs. Sneed never sought dismissal on the basis of failure to prosecute. Fla.R.Civ.P. 1.420(e).
