Saulnier v. Bank of America, N.A.

The homeowners appeal from the' circuit court’s order directing the clerk of court to disburse the surplus from a foreclosure sale to the subordinate lienholder. The homeowners argue that because the subordinate lienholder untimely filed its claim to the surplus, the court erred in ordering disbursement to the subordinate lienholder. We agree with the. homeowners and reverse for entry of an order directing the clerk to disburse th¿ surplus to the homeowners.

The primary lienholder filed a complaint to foreclose its mortgage on the home. The court entered a default against both *855the homeowners…