REAL ESTATE: MORTGAGE FORECLOSURE: SURPLUS FUNDS: SUBORDINATE LIENHOLDER WAIVED ITS RIGHT TO SURPLUS FUNDS BY FAILING TO CLAIM THEM WITHIN SIXTY DAYS OF THE SALE: FAILURE TO RECEIVE ACTUAL NOTICE WAS NOT AN EXCUSE BECAUSE SUBORDINATE LIENHOLDER RECEIVED AT LEAST CONSTRUCTIVE NOTICE BECAUSE CLERK PUBLISHED FINAL JUDGMENT AND POSTED CERTIFICATE OF DISBURSEMENT ON ITS DOCKET: EQUITY: EQUITY FOLLOW THE LAW AND CANNOT BE USED TO ELIMINATE ITS ESTABLISHED RULES

Case Decision Date: Reviewed by

Saulnier v. Bank of American, N.A., ___ So. 3d ___, 40 Fla. L. Weekly D727 (Fla. 4th DCA March 25, 2015)

The subordinate lienholder waived its right to surplus funds by failing to claim them within sixty days after the foreclosure sale. The surplus lienholder’s claim that it did not receive the final judgment or certificate of disbursements did … Click To Read Full Case Law Review...