Legal Opinion
Dever v. Wells Fargo Bank National Association
District Court of Appeal of Florida
Decided August 27, 2014No. 2D13-5830PublishedCited by 8 opinions
1Opinion of the Court
KHOUZAM, Judge.
This appeal arises from a dispute over the disbursement of surplus proceeds from a foreclosure sale. Cornelius and Assunta Dever (the record property owners) as well as Wells Fargo Bank (the holder of an unsatisfied mortgage) claimed that they were entitled to the surplus proceeds. The circuit court ordered the surplus to be disbursed to Wells Fargo, and the Devers appealed. We reverse and remand for the circuit court to order the surplus disbursed to the Devers.
Fifth Third Mortgage Company filed a foreclosure suit against the Devers in April 2011. In the complaint, Fifth Third…
2Cases cited4 opinions
- Mathews v. Branch Banking & Trust Co.District Court of Appeal of Florida · 2014
- Citibank, Fsb v. Pnc Mortg. Corp.District Court of Appeal of Florida · 1998
- United States ex rel. Farmer's Home Administration, United States Department of Agriculture v. SneedDistrict Court of Appeal of Florida · 1993
- JP Morgan Chase Bank v. U.S. Bank National Ass'nDistrict Court of Appeal of Florida · 2006
3Cited by8 opinions
- The Bank of New York Mellon, etc. v. Dianne D. Glenville A/K/A Diane D. Glenville A/K/A Diane GlenvilleSupreme Court of Florida · 2018
- Bank of New York Mellon v. GlenvilleDistrict Court of Appeal of Florida · 2017
- Darcy L. Saulnier and Michael F. Saulnier v. Bank of America, N.A., Mortgage Electronic Registration Systems, Inc., Space Coast Credit Union and City of TamaracDistrict Court of Appeal of Florida · 2015
- Darcy L. Saulnier and Michael F. Saulnier v. Bank of America, N.A., Mortgage Electronic Registration Systems, Inc., Space Coast Credit Union and City of TamaracDistrict Court of Appeal of Florida · 2015
- Eduartez v. Fed. Nat'l Mortg. Ass'nDistrict Court of Appeal of Florida · 2018
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