Palm Beach Horizons, Inc. v. Washington Mutual Bank

KREEGER, JUDITH L., Associate Judge.

The now familiar question in this appeal is whether the clerk of the circuit court must refund registry and sales fees to a *1075successful bidder at a foreclosure sale where the mortgagor/debtor, prior to the sale and without written notice to the clerk, filed a suggestion of bankruptcy in federal court, requiring the sale to be later invalidated. We answered this question negatively in Wilken v. North County Company, 670 So.2d 181 (Fla. 4th DCA 1996), and do so again in this case by affirming the order of the circuit court below.

In this case, following the…