Wilken v. North County Co.

STEVENSON, Judge.

The question in this appeal is whether the clerk of the circuit court must refund registry and sales fees to a successful bidder at a foreclosure sale where the mortgagor/debtor, prior to the sale and without written notice to the clerk, has filed a suggestion of bankruptcy in federal court, requiring the sale to be later invalidated. On the authority of Bauer v. Resolution Trust Corp., 621 So.2d 521 (Fla. 4th DCA1993), we answer this question in the negative and reverse the two separate orders of the circuit court below requiring the clerk to refund sales fees and registry…