JAMES L. TATE, JR., APPELLANT,
v.
JAMES V. CROSBY, ETC., ET AL., APPELLEE

Fla. 4th DCA | 2006-05-17
No. 4D05-3321
STEVENSON, C.J., STONE and WARNER, JJ., concur.
929 So. 2d 651 Florida District Court of Appeal, Fourth District (2006) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Fla. R.App. P. 9.315.

STEVENSON, C.J., STONE and WARNER, JJ., concur.


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  • Dever v. Wells Fargo Bank Nat'l Ass'n, 147 So. 3d 1045 (Fla. 2d DCA 2014)
    …was not added until 2006 and did not take effect until July of that year. Ch. 06-175, §§ 1-2, at 1810-17, Laws of. Fla. We similarly conclude that U.S. v. Sneed, 620 So. 2d 1093 (Fla. 1st DCA 1993); JP Morgan Chase Bank v. U.S. Bank National Ass’n, 929 So. 2d 651 (Fla. 4th DCA 2006); and other cases that were decided before the effective date of the amendment are inapplicable here for the same reason. [*1048] We disagree with Wells Fargo’s argument that the language found in section 45.082(3)(b) undermines t…
  • AG Grp. Invs., LLC v. ALL Realty Alliance Corp., 106 So. 3d 950 (Fla. 3d DCA 2013)
    …r to the actual practice of foreclosure sales, in which a junior mortgage holder has a claim to money paid for a property at a foreclosure sale that is in excess of the value of the senior mortgage. See JP Morgan Chase Bank v. U.S. Bank Nat’l Ass’n, 929 So. 2d 651, 653 (Fla. 4th DCA 2006) (“Certainly, the foreclosure of the first [mortgage] did not extinguish the second; it merely transferred the lien from the property to the surplus funds that took its place.”). If the foreclosure judgment itself extinguishe…
  • …2d 346, 348 (Fla. 4th DCA 2004) (“Bank of America was named as a defendant in the mortgage foreclosure as a junior mortgagee. It was entitled to assert its claim to the surplus proceeds.”); see also JP Morgan Chase Bank v. U.S. Bank Nat’l Ass’n, 929 So. 2d 651, 653-54 (Fla. 4th DCA 2006) (stating rule that “foreclosure of the first [lien] did not extinguish the second; it merely transferred the lien from the property to the surplus funds that took its place” and that “a surplus is payable to junior lie…

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