JP MORGAN CHASE BANK v. U.S. BANK NAT.

Nos. 4D05-478, 4D05-2309.

929 So.2d 651 (2006)

JP MORGAN CHASE BANK as Trustee for the Home Equity Trust Series 2003-7, Appellant, v. U.S. BANK NATIONAL ASSOCIATION, Royale Gardens Condominium Association, Inc., Neera Persad, and Home Equity Loss Prevention Corp., Appellees.

District Court of Appeal of Florida, Fourth District.

May 17, 2006.


Attorney(s) appearing for the Case

Brian L. Rosaler of Popkin & Rosaler, P.A., Deerfield Beach, for appellant.

David A. Kupperman of Katzman & Korr, P.A., Fort Lauderdale, for Appellee-Home Equity Loss Prevention Corp.


STONE, J.

JP Morgan challenges the trial court's distribution of surplus proceeds in a foreclosure action and its failure to vacate or reconsider the distribution order.

We reverse, as the trial court should have vacated the order when it became aware of the 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 is not supported by...

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