MARSDREAMLAND LP
v.
MTGLQ INVESTORS, L.P.
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Marsdreamland LP appealed a trial court's denial of its motion for surplus foreclosure sale proceeds, while Catalina Homeowners Association cross-appealed the denial of its competing motion. The Third District Court of Appeal affirmed the denial of Marsdreamland's claim but reversed and remanded to award the surplus funds to Catalina as the only subordinate lienholder who timely filed a claim.
Marsdreamland was not entitled to surplus funds because it was not the owner of record when the lis pendens was filed. Catalina, as the only subordinate lienholder who timely filed a claim, is entitled to the surplus funds ahead of any claim by the owner of record.
[1] Under Florida Statute § 45.032, the owner of record on the date a lis pendens is filed has a rebuttable presumption of entitlement to surplus foreclosure proceeds, but on…
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Join FLexlaw to unlock all legal intelligence“There is established a rebuttable legal presumption that the owner of record on the date of the filing of a lis pendens is the person entitled to surplus funds after payment of subordinate lienholders who have timely filed a claim.”
Establishes the statutory priority scheme for surplus fund distribution, making subordinate lienholders' claims priority over the owner of record's claim.
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Join FLexlaw to unlock all legal intelligenceA foreclosure sale generated surplus proceeds. Marsdreamland and Catalina Homeowners Association filed competing motions seeking entitlement to those …
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Third District Court of Appeal
State of Florida
Opinion filed December 18, 2024. Not final until disposition of timely filed motion for rehearing.
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No. 3D23-0784 Lower Tribunal No. 2012-50246 CA-01
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Marsdreamland LP, Appellant/Cross-Appellee, vs.
MTGLQ Investors, L.P., et al., Appellees/Cross-Appellant.
An Appeal from a non-final order from the Circuit Court for Miami-Dade County, William Thomas, Judge. The Law Office of Niles B. Whitten, PLLC and Niles B. Whitten (Gainesville), for appellant/cross-appellee. Paige Law Group, P.A. and Robert E. Paige, for appellee/cross- appellant Catalina Homeowners Association, Inc. Before LOGUE, C.J., and SCALES and GORDO, JJ. GORDO, J. Marsdreamland, LP (“Marsdreamland”) appeals a non-final order on competing motions for surplus foreclosure sale proceeds. Catalina Homeowners Association, Inc. (“Catalina”) cross-appeals. We have jurisdiction. Fla. R. App. P. 9.130(a)(3)(C)(ii). We affirm in part and reverse in part. “Because this case presents a pure question of law concerning interpretation of ‘the statutory scheme for the disbursement of surplus funds, we review the trial court's order de novo.’” Goetz v. AGB Tampa LLC, 335 So. 3d 228, 230-31 (Fla. 2d DCA 2022) (quoting Corey v. Unknown heirs by Neuffer, 301 So. 3d 380, 383 (Fla. 2d DCA 2020)). On appeal, both parties challenge the trial court’s denial of their respective motions for surplus funds. Because Marsdreamland was not the “owner of record” when the lis pendens was filed, we affirm that portion of the trial court’s order which denied Marsdreamland’s request for surplus funds. See § 45.032(2), Fla. Stat. (“There is established a rebuttable legal presumption that the owner of record on the date of the filing of a lis pendens is the person entitled to surplus funds after payment of subordinate lienholders who have timely filed a claim.”); § 45.032(1)(a), Fla. Stat. (providing that the “owner of record” is the “person or persons who appear to be owners of the property that is the subject of the foreclosure proceeding on the date of the filing of the lis pendens”); Pineda v. Wells Fargo Bank, N.A., 143 So. 3d 1008, 1011 (Fla. 3d DCA 2014) (“The statute is clear: the owner of record at the time of the recording of the lis pendens is entitled to any surplus proceeds. The Notice of Lis Pendens, recorded September 9, 2009, reflects the Pinedas owned the subject property. Nocari was neither an ‘owner of record,’ an assignee of an owner, nor ‘subordinate lienholder,’ . . . and thus was not entitled to any surplus funds.”) (footnote and citations omitted).
We reverse, however, that portion of the order denying Catalina’s request. As the only subordinate lienholder who had filed a claim, Catalina is clearly entitled to the surplus funds. See § 45.032(2), Fla. Stat. (The statute establishes a “rebuttable legal presumption that the owner of record on the date of the filing of a lis pendens is the person entitled to surplus funds after payment of subordinate lienholders who have timely filed a claim”); § 45.032(1)(b), Fla. Stat. (defining a “subordinate lienholder” as “the holder of a subordinate lien” which includes “a subordinate mortgage, judgment, tax warrant, assessment lien, or construction lien”); Gen. Bank, F.S.B. v. Westbrooke Pointe, Inc., 548 So. 2d 736, 736 (Fla. 3d DCA 1989) (“It has long been the law in Florida that any surplus remaining after a foreclosure sale should be paid to the junior lienholders in accordance with the priority 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 statutory procedure . . . . Where the legislature has provided such a process, courts are not free to deviate from that process absent express authority.”). Accordingly, we reverse the order on appeal to the extent it denied Catalina’s motion for surplus funds and remand for the court to order the surplus funds disbursed to Catalina.
Affirmed in part; reversed in part and remanded with instructions.
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Marsdreamland LP v. MTGLQ Invs., L.P., 301 So. 3d 380 (Fla. 3d DCA 2024)…concerning interpretation of ‘the statutory scheme for the disbursement of surplus funds, we review the trial court's order de novo.’” Goetz v. AGB Tampa LLC, 335 So. 3d 228, 230-31 (Fla. 2d DCA 2022) (quoting Corey v. Unknown heirs by Neuffer, 301 So. 3d 380, 383 (Fla. 2d DCA 2020)). On appeal, both parties challenge the trial court’s denial of their respective motions for surplus funds. Because Marsdreamland was not the “owner of record” when the lis pendens was filed, we affirm that portion of th…1 / 2
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Nat'l Equity Recovery Servs., Inc. v. Imperial Fund Tr., 361 So. 3d 876 (Fla. 4th DCA 2023)…surplus funds. Courts are not free to deviate from the clear statutory process set forth for the “distribution of surplus foreclosure proceeds” which “is governed by a plain and unambiguous statutory procedure[.]” Corey v. Unknown Heirs by Neuffer, 301 So. 3d 380, 383–84 (Fla. 2d DCA 2020). The trial court by statute had jurisdiction to determine the competing claims. We conclude that the trial court departed from the essential requirements of the law by failing to follow the statutory mandate of section 4…
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Swearingen v. Pretzer (Fla. 1st DCA 2020)…ction that we usually honor require us to presume that the Legislature was fully aware of the concepts of discovery in litigation and trial courts’ inherent authority to manage litigation and related discovery. See Corey v. Unknown heirs by Neuffer, 301 So. 3d 380, 385 (Fla. 2d DCA 2020) (recognizing that the Legislature is presumed to be familiar with existing law including judicial decisions relevant to a statute, and the legal concept of an agreement for deed; “Presumably, the legislature does not act in 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
- Pineda v. Wells Fargo Bank, N.A., 143 So. 3d 1008 (Fla. 3d DCA 2014)
- Gen. Bank v. Westbrooke Pointe, Inc., 548 So. 2d 736 (Fla. 3d DCA 1989)
- Golindano v. Wells Fargo Bank, 913 So. 2d 614 (Fla. 3d DCA 2005)
- Marsdreamland LP v. MTGLQ Invs., L.P., 301 So. 3d 380 (Fla. 3d DCA 2024)