Florida Foreclosure Surplus Funds: The "Face" of the Pleadings

I currently have a foreclosure surplus case in Miami-Dade County where a home owners’ association is trying to claim proceeds as a subordinate lien holder status. The interesting aspect is this HOA was never named as a Defendant in the case. Therefore, they have filed a motion to intervene (to become a party to the case) and are trying to claim funds.

Therefore, the main question presented is this: is the HOA a subordinate lien holder under Florida Statute 45.032? According to the statute, I would argue they are not.

Florida Statute 45.032 (1)(b) states: “Subordinate lienholder” means the holder of a subordinate lien shown on the face of the pleadings as an encumbrance on the property.

Further, Rodriguez v. FNMA, 220 So.3d 577 (Fla 5th DCA 2017) recently came out with a decision that quoted the following “No subordinate lienholders were shown on the face of the complaint.”

Therefore, the above language reflects, in my opinion, that a subordinate lien holder is only a valid subordinate lien holder, for surplus funds purposes, if they are named at the start of the case in the Complaint as a defendant.

Florida Statute 45.032 undoubtedly puts a very strong emphasis on the start of a foreclosure case. For instance, the owner of record is determined when a lis pendens is filed, not throughout the rest of the case.

This is another prime example of the complexity of foreclosure surplus law. If you have a potential claim for foreclosure surplus funds, please contact me for a free consultation!

Remember, I don’t get paid unless I collect surplus funds for you.

Whether you need a Miami foreclosure surplus lawyer, Fort Lauderdale foreclosure surplus lawyer, Palm Beach foreclosure surplus lawyer, Tampa foreclosure surplus lawyer, Clearwater beach foreclosure surplus lawyer, Mount Dora foreclosure surplus lawyer, Dade city foreclosure surplus lawyer, Lake county foreclosure surplus lawyer, Tavares foreclosure surplus lawyer, Deland foreclosure surplus lawyer, Jacksonville foreclosure surplus lawyer, Saint Augustine foreclosure surplus lawyer, Sarasota foreclosure surplus attorney, Fort Myers foreclosure surplus lawyer, Destin foreclosure surplus Lawyer, Indian hills foreclosure surplus lawyer, Orlando foreclosure surplus lawyers, or a Volusia county foreclosure surplus attorney, we will represent parties in any county in the state of Florida!

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