HOUSEHOLD FINANCE v. Bank of America

883 So.2d 346 (2004)

HOUSEHOLD FINANCE SERVICES, INC., et al., Appellant,

v.

BANK OF AMERICA, N.A., Appellee.

No. 4D03-3439.

District Court of Appeal of Florida, Fourth District.

September 22, 2004.

William S. Graessle of William S. Graessle & Assoc., P.A., Jacksonville, for appellant.

Victor H. Veschio of Nixon Firm, LLC, Tampa, for appellee.

WARNER, J.

At issue in this appeal is whether a junior mortgagee, joined as a defendant in a foreclosure action and against whom a default has been entered, may later claim entitlement to the surplus funds remaining after a foreclosure sale. Specifically, we…