Legal Opinion
Mathews v. Branch Banking & Trust Co.
District Court of Appeal of Florida
Decided June 6, 2014No. 2D13-4065PublishedCited by 13 opinions
1Opinion of the Court
CASANUEYA, Judge.
W. Robert and Lura B. Mathews appeal an order awarding Branch Banking and Trust Co. (BB & T) surplus funds from the foreclosure sale of their home. The trial court found that BB & T was entitled to the entire surplus amount to satisfy a second mortgage interest in the property. We conclude that the trial court erred in awarding BB & T the surplus funds because it failed to file a claim with the clerk of the court within sixty days after the foreclosure sale as required by section 45.031(7)(b), Florida Statutes (2010).
Trial Court Proceedings
A foreclosure action was initiated…
2Cases cited5 opinions
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