On April 27, 2017, I wrote a blog that explained the conflict in Florida regarding when the 60 day time line to claim surplus funds starts. Is it at the sale or at the issuance of the certificate of title?
Under section 45.031(7)(b), Florida Statutes (2015), any person claiming a right to surplus funds must file a claim with the clerk of court within sixty days of the foreclosure sale.
The issue started when the Straub v. Wells Fargo Bank, N.A., 182 So. 3d 878, 881 (Fla. 4th DCA 2016) court held that a foreclosure “sale” doesn’t take place until the issuance of the certificate of title. Which is anything but the plain meaning of the statute.
Every other case in Florida has clearly indicated that the 60 day window to make a claim for foreclosure surplus funds starts at the day of the sale, not the title issuance.
On June 13, 2018, the District Court of Appeal of Florida, Third District, came out with a decision in Eduartez v. FNMA, 2018 WL 2944776, which held that the Straub court got it wrong. Meaning, the 60 day timeline starts from the day of the sale, and not the day of the title being issued.
If you have a foreclosure surplus case, call my firm to get a free consultation. Experience is KEY in collecting surplus funds in Florida. I will not charge you anything unless I win AND collect for you.
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