Florida Statute 45.32 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 45
CIVIL PROCEDURE: GENERAL PROVISIONS

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F.S. 45.032

45.032 Disbursement of surplus funds after judicial sale.—

(1) For purposes of ss. 45.031-45.035, the term:

(a) “Owner of record” means the person or persons who appear to be owners of the property that is the subject of the foreclosure proceeding on the date of the filing of the lis pendens. In determining an owner of record, a person need not perform a title search and examination but may rely on the plaintiff’s allegation of ownership in the complaint when determining the owner of record.

(b) “Subordinate lienholder” means the holder of a subordinate lien shown on the face of the pleadings as an encumbrance on the property. The lien held by the party filing the foreclosure lawsuit is not a subordinate lien. A subordinate lienholder includes, but is not limited to, a subordinate mortgage, judgment, tax warrant, assessment lien, or construction lien. However, the holder of a subordinate lien shall not be deemed a subordinate lienholder if the holder was paid in full from the proceeds of the sale.

(c) “Surplus funds” or “surplus” means the funds remaining after payment of all disbursements required by the final judgment of foreclosure and shown on the certificate of disbursements.

(2) There is established a rebuttable legal presumption that the owner of record on the date of the filing of a lis pendens is the person entitled to surplus funds after payment of subordinate lienholders who have timely filed a claim. A person claiming a legal right to the surplus as an assignee of the rights of the owner of record must prove to the court that such person is entitled to the funds. At any hearing regarding such entitlement, the court shall consider the factors set forth in s. 45.033 in determining whether an assignment is sufficient to overcome the presumption. It is the intent of the Legislature to abrogate the common law rule that surplus proceeds in a foreclosure case are the property of the owner of the property on the date of the foreclosure sale.

(3) During the period that the clerk holds the surplus pending a court order:

(a) If the owner of record claims the surplus before the date that the clerk reports it as unclaimed and there is no subordinate lienholder, the court shall order the clerk to deduct any applicable service charges from the surplus and pay the remainder to the owner of record. The clerk may establish a reasonable requirement that the owner of record prove his or her identity before receiving the disbursement. The clerk may assist an owner of record in making a claim. An owner of record may use the following form in making a claim:

(Caption of Action)

OWNER’S CLAIM FOR
MORTGAGE FORECLOSURE SURPLUS

State of

County of

Under penalty of perjury, I (we) hereby certify that:

1. I was (we were) the owner of the following described real property in County, Florida, prior to the foreclosure sale and as of the date of the filing of the lis pendens:

(Legal description of real property)

2. I (we) do not owe any money on any mortgage on the property that was foreclosed other than the one that was paid off by the foreclosure.

3. I (we) do not owe any money that is the subject of an unpaid judgment, tax warrant, condominium lien, cooperative lien, or homeowners’ association.

4. I am (we are) not currently in bankruptcy.

5. I (we) have not sold or assigned my (our) right to the mortgage surplus.

6. My (our) new address is: .

7. If there is more than one owner entitled to the surplus, we have agreed that the surplus should be paid jointly, or to: , at the following address: .

8. I (WE) UNDERSTAND THAT I (WE) AM (ARE) NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND I (WE) DO NOT HAVE TO ASSIGN MY (OUR) RIGHTS TO ANYONE ELSE IN ORDER TO CLAIM ANY MONEY TO WHICH I (WE) MAY BE ENTITLED.

9. I (WE) UNDERSTAND THAT THIS STATEMENT IS GIVEN UNDER OATH, AND IF ANY STATEMENTS ARE UNTRUE THAT I (WE) MAY BE PROSECUTED CRIMINALLY FOR PERJURY.

(Signatures)

Sworn to (or affirmed) and subscribed before me this day of , (year) , by (name of person making statement) .

(Signature of Notary Public - State of Florida)

(Print, Type, or Stamp Commissioned Name of Notary Public)

Personally Known OR Produced Identification

Type of Identification Produced

(b) If any person other than the owner of record claims an interest in the proceeds prior to the date that the clerk reports the surplus as unclaimed or if the owner of record files a claim for the surplus but acknowledges that one or more other persons may be entitled to part or all of the surplus, the court shall set an evidentiary hearing to determine entitlement to the surplus. At the evidentiary hearing, an equity assignee has the burden of proving that he or she is entitled to some or all of the surplus funds. The court may grant summary judgment to a subordinate lienholder prior to or at the evidentiary hearing. The court shall consider the factors in s. 45.033 when hearing a claim that any person other than a subordinate lienholder or the owner of record is entitled to the surplus funds.

(c) One year after the sale, any surplus remaining with the clerk of the court that has not been disbursed as provided herein is presumed unclaimed as set forth in s. 717.113 and must be reported and remitted to the department in accordance with ss. 717.117 and 717.119, unless there is a pending court proceeding regarding entitlement to the surplus. At the conclusion of any court proceeding and any appeal regarding entitlement to the surplus, the clerk of the court shall report and remit the unclaimed property to the department if directed by a court order, to another entity if directed by the court order, or, if not directed by the court order, to the owner of record. For purposes of establishing entitlement to the surplus after the property has been remitted to the department, only the owner of record reported by the clerk of the court, or the beneficiary, as defined in s. 731.201, of a deceased owner of record reported by the clerk, is entitled to the surplus. A surplus of less than $10 escheats to the clerk.

(4) Proceedings regarding surplus funds in a foreclosure case do not in any manner affect or cloud the title of the purchaser at the foreclosure sale of the property.

History.—s. 2, ch. 2006-175; s. 1, ch. 2007-106; s. 3, ch. 2018-71.

F.S. 45.032 on Google Scholar

F.S. 45.032 on CourtListener

Amendments to 45.032

Annotations, Discussions, Cases:

Cases Citing Statute 45.032

Total Results: 29

Florida Gulf Coast Symphony v. Dept. of Labor

386 So. 2d 259, 1980 Fla. App. LEXIS 15789

District Court of Appeal of Florida | Filed: Mar 21, 1980 | Docket: 1518382

Cited 11 times | Published

1A of Larson's Workmen's Compensation Law, Section 45.32. 2) The musicians are engaged in a distinct

Mathews v. Branch Banking & Trust Co.

139 So. 3d 498, 2014 WL 2536831, 2014 Fla. App. LEXIS 8629

District Court of Appeal of Florida | Filed: Jun 6, 2014 | Docket: 60241163

Cited 5 times | Published

sixty days pending an order from the trial court. § 45.032(3). If the owner of the property claims a right

Pineda v. Wells Fargo Bank, N.A.

143 So. 3d 1008, 2014 WL 3608886, 2014 Fla. App. LEXIS 11199

District Court of Appeal of Florida | Filed: Jul 23, 2014 | Docket: 433197

Cited 3 times | Published

surplus funds pursuant to section 45.032(2), Florida Statutes (2013). Section 45.032(2) reads, in relevant

National Equity Recovery Services, Inc. v. Midfirst Bank

8 So. 3d 406, 2009 WL 690661

District Court of Appeal of Florida | Filed: Mar 18, 2009 | Docket: 1654705

Cited 2 times | Published

the clerk. On August 22, 2007, pursuant to section 45.032(3)(c), the clerk appointed Homeworks Recovery

NATIONAL EQUITY RECOVERY SERVS. v. Williams

962 So. 2d 977, 2007 WL 2188690

District Court of Appeal of Florida | Filed: Aug 1, 2007 | Docket: 2554784

Cited 2 times | Published

holding an evidentiary hearing pursuant to Section 45.032, Florida Statutes (2006). On February 15, 2007

The Bank of New York Mellon, etc. v. Dianne D. Glenville A/K/A Diane D. Glenville A/K/A Diane Glenville

252 So. 3d 1120

Supreme Court of Florida | Filed: Sep 6, 2018 | Docket: 7813518

Cited 1 times | Published

certificate of title." § 45.031(7)(a), Fla. Stat. Section 45.032(3), Florida Statutes (2015)-which neither

Rodriguez v. Federal National Mortgage Ass'n

220 So. 3d 577, 2017 WL 2730090, 2017 Fla. App. LEXIS 9126

District Court of Appeal of Florida | Filed: Jun 23, 2017 | Docket: 6082865

Cited 1 times | Published

lienholders who have timely filed a claim.” Section 45.032(l)(a) defines the “owner of record” as the

Bondi v. Brito

159 So. 3d 369, 2015 WL 1088400

District Court of Appeal of Florida | Filed: Mar 13, 2015 | Docket: 60246576

Cited 1 times | Published

with the handling of unclaimed funds under section 45.032, Florida Statutes (2010); that is, regardless

Atwater v. City of Cape Coral

120 So. 3d 595, 2013 WL 3449645

District Court of Appeal of Florida | Filed: Jul 10, 2013 | Docket: 60234146

Cited 1 times | Published

therefore section 45.032, Florida Statutes (2008), is the applicable statute. • Section 45.032 In 2006

Vargas v. Deutsche Bank National Trust Co.

104 So. 3d 1156, 2012 WL 5933055, 2012 Fla. App. LEXIS 20336

District Court of Appeal of Florida | Filed: Nov 28, 2012 | Docket: 60227350

Cited 1 times | Published

Stat. (2012) (governing the right of redemption); § 45.032, Fla. Stat. (2012) (governing disbursement of

Marsdreamland LP v. MTGLQ Investors, L.P.

District Court of Appeal of Florida | Filed: Dec 18, 2024 | Docket: 69477350

Published

Marsdreamland’s request for surplus funds. See § 45.032(2), Fla. Stat. (“There is established a rebuttable

Rapid Surplus Refund LLC v. Weeeee LLC

District Court of Appeal of Florida | Filed: Oct 2, 2024 | Docket: 69218178

Published

surplus funds following the foreclosure sale. Section 45.032, governing “[d]isbursement of surplus funds

NATIONAL EQUITY RECOVERY SERVICES, INC. v. IMPERIAL FUND TRUST

District Court of Appeal of Florida | Filed: May 24, 2023 | Docket: 67419171

Published

action until resolution of the dispute, when section 45.032, Florida Statutes (2021), required the trial

ENRIQUE BENEDICTO PEREZ v. THE ESTATE OF OFELIA REITMAN

District Court of Appeal of Florida | Filed: Aug 3, 2022 | Docket: 64865311

Published

evidentiary hearing pursuant to section 45.032, Florida Statutes (2022). See § 45.032(3)(b) (“If any person other

FRANCIS P. DUDLAR v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., etc.

District Court of Appeal of Florida | Filed: Apr 6, 2022 | Docket: 63232265

Published

Affirmed. See § 45.031(1)(a),(7), Fla. Stat. (2014); § 45.032(1)(b), Fla. Stat. (2014) (“‘Subordinate lienholder’

ORQUIDEA CASTELLANOS v. REVERSE MORTGAGE FUNDING LLC

District Court of Appeal of Florida | Filed: May 12, 2021 | Docket: 59899778

Published

105(7) cannot apply to authorize an award of section 45.032, Florida Statutes (2019)). In contrast, absent

2017 BELL RANCH RESIDENTIAL LAND TRUST v. CAROL BURRILL AND WELLS FARGO FINANCIAL SYSTEM FLORIDA, INC.

264 So. 3d 295

District Court of Appeal of Florida | Filed: Feb 1, 2019 | Docket: 14530840

Published

this section and ss. 45.0315-45.035." Section 45.032(2) in turn provides: There

Eduartez v. Fed. Nat'l Mortg. Ass'n

251 So. 3d 227

District Court of Appeal of Florida | Filed: Jun 13, 2018 | Docket: 64684915

Published

held by the clerk,4 the clerk, pursuant to section 45.032(3)(c), appointed a surplus trustee to locate

Eduartez v. Federal National Mortgage Assoc.

District Court of Appeal of Florida | Filed: Jun 13, 2018 | Docket: 7144556

Published

087.58 to Association.2 It was not until 1 Section 45.032(1)(a) defines the term “owner of record” as

Choice Plus, LLC v. Department of Financial Services, etc.

244 So. 3d 343

District Court of Appeal of Florida | Filed: Apr 17, 2018 | Docket: 6365062

Published

result of various judicial processes. See, e.g., § 45.032, Fla. Stat. (2013) (detailing the process for

All Counties Surplus LLC v. Flamingo South Beach I Condominium Assoc., Inc.

211 So. 3d 1096, 2017 WL 621258, 2017 Fla. App. LEXIS 2000

District Court of Appeal of Florida | Filed: Feb 15, 2017 | Docket: 4585364

Published

143 So.3d 1008, 1011 (Fla. 3d DCA 2014); see § 45.032(2), Fla. Stat. (2012) (“There is established a

Estate of Enemencia De Los Santos v. National Equity Recovery Services, Inc.

208 So. 3d 1268, 2017 WL 363138, 2017 Fla. App. LEXIS 730

District Court of Appeal of Florida | Filed: Jan 25, 2017 | Docket: 4573213

Published

been appointed surplus trustee pursuant to section 45.032(3)(c) of the Florida Statutes more than nine

Bunnie Straub v. Wells Fargo Bank, N.A. Chris Straub, JP Morgan Chase Bank, National Association, etc., and Faircondo, Inc., a Condominium Association

182 So. 3d 878, 2016 Fla. App. LEXIS 259, 2016 WL 74988

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026058

Published

subordinate lienholders who have timely filed a claim.” § 45.032(2), Fla. Stat. (2014). A subordinate lienholder’s

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 Tamarac

District Court of Appeal of Florida | Filed: May 27, 2015 | Docket: 2679315

Published

statement in conspicuous type as required by section 45.032(2)(f), Florida Statutes (2012): ANY

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 Tamarac

District Court of Appeal of Florida | Filed: Mar 25, 2015 | Docket: 2679444

Published

statement in conspicuous type as required by section 45.032(2)(f), Florida Statutes (2012): ANY

Saulnier v. Bank of America, N.A.

187 So. 3d 854, 2015 Fla. App. LEXIS 4274, 2015 WL 1334317

District Court of Appeal of Florida | Filed: Mar 25, 2015 | Docket: 60254137

Published

statement in conspicuous type as required by section 45.032(2)(f), Florida Statutes (2012): ANY PERSON

Dever v. Wells Fargo Bank National Association

147 So. 3d 1045, 2014 Fla. App. LEXIS 13259, 2014 WL 4212760

District Court of Appeal of Florida | Filed: Aug 27, 2014 | Docket: 1165066

Published

(7)(b) reiterates this requirement. Further, section 45.032(2) establishes a rebuttable presumption that

Crescenzo v. Atwater

136 So. 3d 1248, 2014 WL 1613401, 2014 Fla. App. LEXIS 5866

District Court of Appeal of Florida | Filed: Apr 23, 2014 | Docket: 60239955

Published

deposited with the CFO “pursuant to chapter 717.” See § 45.032(4). Chapter 717 does provide for administrative

Suarez v. EDGEHILL

20 So. 3d 410, 2009 Fla. App. LEXIS 15558, 2009 WL 3271350

District Court of Appeal of Florida | Filed: Oct 14, 2009 | Docket: 1177824

Published

on the date of the filing of the lis pendens." § 45.032(1)(a), Fla. Stat. (2008) (emphasis added). There