NATIONAL EQUITY RECOVERY SERVICES, INC., APPELLANT,
v.
FLORIDA DEPARTMENT OF FINANCIAL SERVICES, APPELLEE
National Equity Recovery Services (“NERS”) appeals the denial of its attempt to claim unclaimed surplus funds arising from a foreclosure sale on property previously owned by Ms. Ghislaine Joseph Pierre. The Department of Financial Services (“DFS”) denied the claim and a requested hearing, in part, because the paperwork that NERS submitted did not adequately demonstrate it was authorized to act on behalf of Ms. Pierre. We agree that the limited power of attorney that NERS submitted was insufficient, thereby supporting DFS’s conclusion that NERS lacked standing to request an evidentiary hearing. Because NERS did not sufficiently provide information necessary for DFS to process the claim, we find no error.
AFFIRMED.
LEWIS, C.J., WOLF, and MAKAR, JJ„ concur.
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In re petition for Order Directing Payment OF $13 v. Atwater, 136 So. 3d 1248 (Fla. 2d DCA 2014)…I do not agree that the enforcement of that order is to be handled by an administrative proceeding or that a claimant needs to file a separate lawsuit to enforce a prior court’s order. Unlike the funds at issue in National Equity Recovery Services, 127 So. 3d 1291, the funds at issue here were not surplus funds from a mortgage foreclosure and are not deposited with the CFO “pursuant to chapter 717.” See § 45.032(4). Chapter 717 does provide for administrative review of decisions of the CFO in administering fu…1 / 3