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Space Coast Credit Union v. Day

Florida Court of Appeals, Third District

July 17, 2019

Space Coast Credit Union, Appellant,
v.
Michael A. Day, et al., Appellees.

         Not final until disposition of timely filed motion for rehearing.

          An Appeal from the Circuit Court for Miami-Dade County, Spencer Eig, Judge. Lower Tribunal No. 17-9360

          Blaxberg, Grayson, Kukoff & Forteza, P.A., and Moises T. Grayson, for appellant.

          Shmuel Druin, in proper person.

          Before EMAS, C.J., and FERNANDEZ and HENDON, JJ.

          OPINION

          HENDON, J.

         Space Coast Credit Union ("Space Coast") appeals from an order directing the Clerk of the Circuit Court ("clerk") to disburse to the third-party successful high bidder ("third-party bidder") at a foreclosure sale the deposit he made under section 45.031(3), Florida Statutes (2018). For the reasons that follow, we reverse the order under review and remand with instructions to disburse the deposit as set forth in section 45.031(3).

         In 2018, a final judgment of foreclosure was rendered in favor of Space Coast against Michael and Drexella Day. At the foreclosure sale, Shmuel Druin was the third-party successful high bidder. The third-party bidder paid the $3, 390 deposit required under section 45.031(3), but failed to make the final payment due the following day.

         The day after the final payment was due, the third-party bidder filed a "Motion for Winning Deposit Reimbursement," requesting that the trial court enter an order directing the clerk to refund the entire deposit to him. In his motion, the third-party bidder argued, without any specificity, that there was misleading and inaccurate information regarding title, the position of the mortgage, and the amount of the mortgage. The following day, the clerk issued a Certificate of Incomplete Sale, stating that the foreclosure sale should be rescheduled. Following the issuance of the Certificate of Incomplete Sale, Space Coast moved to reschedule the foreclosure sale and to have the third-party bidder's deposit disbursed.

         The trial court entered an order rescheduling the foreclosure sale, and entered a separate order granting the third-party bidder's Motion for Winning Deposit Reimbursement, directing the clerk to disburse the entire deposit to the third-party bidder. Space Coast's appeal followed.

         Space Coast contends that the trial court erred by directing the clerk to disburse the deposit to the third-party bidder. We agree.

         Section 45.031, titled "Judicial sales procedure," provides, in part, as follows:

In any sale of real or personal property under an order or judgment, the procedures provided in this section and ss. 45.0315-45.035 may be followed as an alternative to any other ...

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