District Court of Appeal of Florida
JP Morgan Chase Bank v. U.S. Bank Nat'l Ass'n, 4D05-478, 4D05-2309
A trial court's distribution of surplus proceeds in a foreclosure action is reversed where the trial court should have vacated the distribution order when it became aware of an unsatisfied second mortgage, the mortgagee's lack of agreement with the disbursement, and the order's adverse impact on the lienholder's rights; further, the trial court's decision was not supported by the evidence.
Appellate Information
- Decided 05/17/2006
- Published 05/17/2006
Judges
- STONE, J.
Court
- District Court of Appeal of Florida
Counsel
- For Appellant:
- Brian L. Rosaler of Popkin & Rosaler, P.A., Deerfield Beach, for appellant.
- For Appellees:
- David A. Kupperman of Katzman & Korr, P.A., Fort Lauderdale, for Appellee-Home Equity Loss Prevention Corp.