South Beach Mortgage & Investment Corp. v. Levine

This appeal concerns a dispute over $21,000, which was deposited with the clerk of the court to stay the disbursal of proceeds from a judicial sale pending resolution of objections to the sale. We reverse and remand with instructions.

ANV Investment Group, LLC was the highest bidder at a judicial sale held pursuant to a foreclosure judgment in favor of South Beach Mortgage and Investment Corp. Before the clerk could issue the certificate of title and disburse the proceeds to the judgment creditor, ANV Investment objected to the sale. Subsequently, ANV Investment1 also moved to vacate the…