HOUSEHOLD FINANCE v. BANK OF AMERICA

No. 4D03-3439.

883 So.2d 346 (2004)

HOUSEHOLD FINANCE SERVICES, INC., et al., Appellant, v. BANK OF AMERICA, N.A., Appellee.

District Court of Appeal of Florida, Fourth District.

September 22, 2004.


Attorney(s) appearing for the Case

William S. Graessle of William S. Graessle & Assoc., P.A., Jacksonville, for appellant.

Victor H. Veschio of Nixon Firm, LLC, Tampa, for appellee.


WARNER, J.

At issue in this appeal is whether a junior mortgagee, joined as a defendant in a foreclosure action and against whom a default has been entered, may later claim entitlement to the surplus funds remaining after a foreclosure sale. Specifically, we consider whether that junior mortgagee has priority to the surplus over an assignee of the mortgagor. We hold that a junior mortgagee has priority and affirm.

Federal Home Loan Mortgage instituted a mortgage...

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