The Bank of New York Mellon v. Glenville
Resolving certified conflict between the Second and Fourth DCAs, the Florida Supreme Court held that the sixty-day deadline to file a claim to foreclosure surplus funds under chapter 45 runs from the clerk's issuance of the certificate of disbursements — not from the public auction (Glenville) or the certificate of title (Straub). Because the subordinate lienholder's claim was filed within sixty days of the certificate of disbursements, it was timely, and the Second District's decision was quashed.
Key facts
- The Bank of New York Mellon conducted a foreclosure sale against Glenville, with a subordinate lienholder filing a claim to the surplus funds within sixty days of the clerk's issuance of the certificate of disbursements.
- The trial court and Second District Court of Appeal denied the subordinate lienholder's surplus claim, interpreting the sixty-day deadline under chapter 45 as running from the public auction date rather than the certificate of disbursements date.
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Why it matters
This decision definitively fixes the trigger date for surplus-claim deadlines in Florida foreclosures, overriding contrary district precedent from both the Second and Fourth DCAs. Counsel representing subordinate… — full analysis with a trial
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