GLADYS GOLINDANO, APPELLANT,
v.
WELLS FARGO BANK, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Gladys Golindano appeals an order vacating a disbursement of foreclosure surplus funds to her and instead awarding them to Citifinancial, a junior mortgage lienholder. The court affirmed, holding that junior lienholders have priority over property owners for foreclosure surplus funds and that priorities must be determined before any disbursement.
The trial court was correct in vacating the disbursement to Golindano and awarding the foreclosure surplus funds to Citifinancial because a junior mortgage lienholder has priority over the property owner for foreclosure surplus funds, and the trial court must determine the priorities of lienholders before disbursing any surplus funds.
[1] Foreclosure surplus funds must be disbursed only after the priorities and amounts due junior lienholders are determined.
[2] A junior mortgage lienholder has priority over the property owner for foreclosure surplus funds.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A junior mortgage lienholder has priority over the property holder for foreclosure surplus funds.”
Establishes the primary legal principle governing the court's decision and the distribution of foreclosure surplus funds.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWells Fargo Bank foreclosed on property owned by Gladys Golindano, which was also subject to a mortgage held by Citifinancial Mortgage Company. Both G…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Motion To Vacate Order cases and more on FLexlaw
SUAREZ, J.
Gladys Golindano appeals an order entered October 30, 2003, entitled Order Vacating Order Disbursing Surplus Funds to Defendant Golindano, and Enforcing the Order Directing Payment of Foreclosure Surplus Funds Dated January 21, 2003. For the following reasons, we affirm the trial court’s order. This matter arises out of a complaint for mortgage foreclosure filed by the first mortgage holder, Wells Fargo Bank Minnesota, N.A., against property owner Gladys Golindano. It was alleged in the complaint that Citifinancial Mortgage Company, Inc. also had an interest in the property due to a recorded mortgage. Gladys Golindano and Citifinancial were both served. Neither party answered and both parties were defaulted. A Final Summary Judgment of Mortgage Foreclosure was filed by Wells Fargo Bank Minnesota, N.A. which was granted without opposition. The foreclosure sale was held on August 23, 2002. Proceeds from the sale were disbursed to Wells Fargo Bank Minnesota, N.A., and the foreclosure surplus funds were filed with the court. Gladys Golindano and Citifinancial both filed motions each claiming the right to the foreclosure surplus funds. Due to confusion not relevant to this appeal, two different judges entered two different orders, one awarding the foreclosure surplus funds to Gladys Golindano and the other awarding the foreclosure surplus funds to Citifi-nancial. Citifinancial claims it was first made aware of the Gladys Golindano motion and order when it attempted to obtain the funds from the court registry and found the funds had been previously withdrawn by Gladys Golindano. Citifinancial filed its present Motion to Vacate the Gladys Golindano order pursuant to Rule 1.540, Florida Rules of Civil Procedure. The trial court granted the motion entering the Order Vacating the Order Disbursing Surplus Funds to Defendant, Golinda-no, and Enforcing the Order Directing Payment of Foreclosure Surplus Funds Dated January 21, 2003.
Normally, the issue on such an appeal would center around whether or not the trial court abused its discretion in entering the Rule 1.540 order. Whether or not the trial court abused , its discretion is of no moment in this proceeding. The trial court was correct in the order that it entered which is the subject of this appeal and, in fact, would have erred had it not done so. In the factually similar case of CitiBank, FSB v. PNC Mortgage Corporation, 718 So. 2d 300 (Fla. 2d DCA 1998), the trial court’s denial of a 1.540 motion on procedural grounds was upheld, but relief was still granted by the appellate court based on the fact that the trial court disbursed foreclosure surplus funds without first determining priorities and amounts due junior lienholders. Such is the same situation in the instant action. Before any foreclosure surplus funds can be disbursed, priorities of lienholders must bé determined. It appears the trial court in the instant order determined such priorities by awarding the foreclosure surplus funds to the junior mortgage holder, Citifi-nancial. A junior mortgage lienholder has priority over the property holder for foreclosure surplus funds. General Bank, F.S.B. v. Westbrooke Pointe, Inc., 548 So. 2d 736 (Fla. 3d DCA 1989). Therefore, for the above reasons, the trial court was correct in entering,the order in question and was correct in the determination of the priorities of payment. .
We affirm the trial court’s order.1
. Citifinancial did not waive any of its rights as a junior lienholder to the surplus funds just because it allowed a default to be entered against it. Such rights are maintained despite the default. See Household Finance Servs., Inc. v. Bank of America, 883 So. 2d 346, 348 (Fla. 4th DCA 2004).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Marsdreamland LP v. MTGLQ Invs., L.P., 335 So. 3d 228 (Fla. 3d DCA 2024)…or lienholders in accordance with the priority ---PAGE 4--- of their liens on the property and that only after the liens have been satisfied may any surplus be disbursed to the owner of the equity of redemption.”); Golindano v. Wells Fargo Bank, 913 So. 2d 614, 615 (Fla. 3d DCA 2005) (“A junior mortgage lienholder has priority over the property holder for foreclosure surplus funds.”); Pineda, 143 So. 3d at 1011 (“[D]istribution of surplus foreclosure proceeds is governed by a plain and unambiguous sta…
-
Wells Fargo Bank, N.A. v. Aristo Mortg., LLC, 110 So. 3d 99 (Fla. 3d DCA 2013)…ed priorities and a notice of hearing that contained an erroneous hearing date on its face, Aristo obtained that which it was not entitled (on the present record, at least) to obtain — the surplus proceeds. Here, as in Golindano v. Wells Fargo Bank, 913 So. 2d 614, 615 (Fla. 3d DCA 2005), we conclude that relief is appropriate “based on the fact that the trial court disbursed foreclosure surplus funds without first determining priorities and amounts due junior lienholders.” Had then — counsel for Aristo simpl…
-
JP Morgan Chase Bank v. U.S. Bank Nat'l Ass'n, 929 So. 2d 651 (Fla. 4th DCA 2006)…surplus of proceeds until superior junior lienholders have had their claims satisfied.” Id. It is the obligation of the trial court, under such circumstances, to weigh and determine the competing claims by priority. In Golindano v. Wells Fargo Bank, 913 So. 2d 614, 615 (Fla. 3d DCA 2005), the Third District recognized that before any foreclosure surplus funds can be disbursed, the trial court must first determine priorities of lienholders. A lien-holder does not waive any right to the surplus simply because i…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Citibank, FSB v. PNC Mortg. Corp. OF Am. formerly Sears Mortg. Corp., 718 So. 2d 300 (Fla. 2d DCA 1998)
- Gen. Bank v. Westbrooke Pointe, Inc., 548 So. 2d 736 (Fla. 3d DCA 1989)
- Household Fin. Servs., Inc. v. Bank OF Am., N.A., 883 So. 2d 346 (Fla. 4th DCA 2004)