The 2023 Florida Statutes (including Special Session C)
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. . . Section 45.032(2) in turn provides: There is established a rebuttable legal presumption that the owner . . . The order contravened the plain and unambiguous language of sections 45.032 and 45.033. . . . Ass'n, 211 So.3d 1096, 1097 (Fla. 3d DCA 2017) (determining that the language of section 45.032 is plain . . .
. . . See § 45.032(3), Fla. Stat. . . . Because we find section 45.032-and in particular subsection 45.032(3)-to be dispositive of the conflict . . . Section 45.032 As an initial matter, section 45.032(1) defines certain terms that apply not just for . . . Section 45.032 is "closely related" to section 45.031. Id. at 576. . . . See §§ 45.031(6), 45.032(1)(c), Fla. Stat. . . .
. . . the remaining $8,938.00 in surplus proceeds being held by the clerk, the clerk, pursuant to section 45.032 . . . See, e.g., §§ 45.032, 45.033, Fla. Stat. (2016). . . . Section 45.032(1)(a) defines the term "owner of record" as the person appearing to own the property being . . .
. . . See, e.g. , § 45.032, Fla. . . . the Chief Financial Officer, including, but not limited to, property reported pursuant to ss. 43.19, 45.032 . . . once surplus judicial funds were transferred to the Chief Financial Officer, the provisions of section 45.032 . . . Compare § 45.032(4), Fla. . . .
. . . Section 45.032(l)(a) defines the “owner of record” as the person who appears to be the owner of the property . . . Id. § 45.032(l)(b). . . . See § 45.032(3)(a), Fla. Stat. (2016). That did not happen here. . . . See § 45.032(1)(a), Fla. Stat. (2016). . . .
. . . Wells Fargo Bank, N.A., 143 So.3d 1008, 1011 (Fla. 3d DCA 2014); see § 45.032(2), Fla. . . . appropriate motions for surplus funds, and' for further proceedings consistent with this opinion and section 45.032 . . .
. . . of disbursement, despite the fact that NERS had been appointed surplus trustee pursuant to section 45.032 . . .
. . . .” § 45.032(2), Fla. Stat. (2014). . . . A subordinate lienholder’s claim to surplus from the sale is timely under section 45.032(2) when it is . . .
. . . The [homeowners] have priority in the distribution of the surplus pursuant to § 45.032(2), Fla. . . . Further, section 45.032(2)’s plain language quoted above establishes a re-buttable legal presumption . . . See § 45.032(3)(b), Fla. . . . The [homeowners] have priority in the distribution of the surplus pursuant to § 45.032(2), Fla. . . . See § 45.032(3)(b), Fla. . . .
. . . handling of unclaimed funds under section 43.19 with the handling of unclaimed funds under section 45.032 . . . that is, regardless of whether the funds are determined to be unclaimed under section 43.19 or section 45.032 . . . This court has previously determined that where funds were deposited with the CFO pursuant to section 45.032 . . . Section 45.032(4) provides that “the clerk [of. court] shall treat the remaining funds as unclaimed property . . . For instance, section 45.032 addresses the handling of proceeds from foreclosure sales held by the clerk . . . However, in contrast to section 45.032, section 43.19 contains no language directing that the deposits . . . transferred to the CFO to the provisions of chapter 717 as is demonstrated by the language of section 45.032 . . . might be of the specific types otherwise governed by separate statutes such as those related to section 45.032 . . .
. . . Further, section 45.032(2) establishes a rebuttable presumption that the owner of record is entitled . . . Section 45.032(3)(b) provides in relevant part: If any person other than the owner of record claims an . . . Section 45.032 then provides the procedure for the disbursement of surplus funds after a judicial sale . . . Section 45.032(3) provides that the clerk shall hold the surplus for sixty days after the certificate . . . So section 45.032(3)(b), read in the context of the surrounding statutory sections, clearly indicates . . .
. . . The Pinedas contended they had priority in the distribution of the surplus funds pursuant to section 45.032 . . . Section 45.032(2) reads, in relevant part, “There is established a rebuttable legal presumption that . . . Section 45.032(l)(a), Florida Statutes (2013), defines the “owner of record” as the person who appears . . . While the statutory presumption is “rebuttable,” section 45.032(2) expressly delineates the circumstances . . . See § 45.032(l)(a), Fla. Stat. . . .
. . . . § 45.032(3). . . . . § 45.032(3)(a). . . . This requirement was added to sections 45.031 and 45.032 in 2006. . . .
. . . See § 45.032(4). . . .
. . . The surplus funds were the result of judicial foreclosure sales, and therefore section 45.032, Florida . . . Section 45.032 became effective July 1, 2006. . . . Section 45.032 is procedural in nature. . . . See § 45.032(3)(c). . . . See § 45.032(4). . . .
. . . Stat. (2012) (governing the right of redemption); § 45.032, Fla. . . .
. . . .” § 45.032(l)(a), Fla. Stat. (2008) (emphasis added). . . . Id. § 45.032(2). . . . Id. §§ 45.032(2), 45.033(1). Mr. . . . relevant date for determining the “owner of record” is the date of the filing of the lis pendens, id. § 45.032 . . . See § 45.032(1)(b), (c), Fla. Stat. (2008). . . .
. . . On August 22, 2007, pursuant to section 45.032(3)(c), the clerk appointed Home-works Recovery Services . . . appoint a surplus trustee from a list of qualified surplus trustees as authorized in s. 45.034.” § 45.032 . . .
. . . in entering the disbursement Order without first holding an evidentiary hearing pursuant to Section 45.032 . . . 9, 2007, NERS filed a Motion for Order Directing Clerk to Release Excess Funds, pursuant to section 45.032 . . . Section 45.032, Florida Statutes (2006), entitled Disbursement of Surplus Funds After Judicial Sale, . . . and the ease is remanded to the trial court to conduct an evidentiary hearing pursuant to sections 45.032 . . .