Real Property, Financial Services & Title Insurance Case Law Update: June 2014 #1



  • Foreclosure/Surplus Funds: subordinate lienholder who failed to file claim to surplus funds with clerk within sixty days of foreclosure sale as required by section 45.031(7)(b), Florida Statutes (2010) not entitled to surplus funds, despite filing answer and affirmative defense as to proceeds from sale in foreclosure action – Mathews v. Branch Banking & Trust Co., No. 2D13-4065 (Fla. 2d DCA June 6, 2014) (reversing order awarding surplus funds)
  • Lease/Non-appealable Order: order finding both lessor and lessee violated lease but did not decide who was entitled to possession of leasehold and did not find prevailing party not final judgment or appealable non-final order – Chalks Airlines, Inc. v. Miami Sports & Exhibition Auth., No. 3D13-594 (Fla. 3d DCA June 4, 2014) (dismissing appeal)
  • Foreclosure/Payments During Pendency: court erred in entering foreclosure judgment based on defendant’s failure to comply with payment order entered pursuant to section 702.10(2)(d), Florida Statutes (2010) – We Help Cmty. Dev. Corp. v. Ciras, LLC, No. 4D11-1427 (Fla. 4th DCA June 4, 2014) (reversing foreclosure judgment)


  • Lost Note Affidavit: Court may rely on lost note affidavit when affidavit recited affiant was employee of lender and affidavit was based on personal knowledge and review of lenders’ business records – Branch Banking & Trust Company v. S & S Development, Inc., No. 8:13-cv-1419-T-30TGW (M.D. Fla. May 28, 2014) (granting plaintiff’s motion for summary judgment)


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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