ENRIQUE BENEDICTO PEREZ
v.
THE ESTATE OF OFELIA REITMAN
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When a person other than the record owner claims an interest in foreclosure sale proceeds, or the record owner acknowledges other persons may be entitled to part or all of the surplus, the court must conduct an evidentiary hearing to determine entitlement under Florida Statute § 45.032(3)(b).
[1] When a person other than the record owner claims an interest in foreclosure sale surplus proceeds, or when the record owner acknowledges that other persons may be entitle…
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Join FLexlaw to unlock all legal intelligence“If any person other than the owner of record claims an interest in the proceeds prior to the date that the clerk reports the surplus as unclaimed or if the owner of record files a claim for the surplus but acknowledges that one or more other persons may be entitled to part or all of the surplus, the court shall set an evidentiary hearing to determine entitlement to the surplus.”
Court citing Florida Statute § 45.032(3)(b) as basis for mandatory evidentiary hearing requirement.
Enrique Benedicto Perez and others appealed a circuit court decision regarding the Estate of Ofelia Reitman in a matter involving foreclosure sale sur…
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PER CURIAM.
ON MOTION FOR REHEARING
We grant rehearing, withdraw our prior opinion, and reverse and remand for an evidentiary hearing pursuant to section 45.032, Florida
Statutes (2022). See § 45.032(3)(b) (“If any person other than the owner of record claims an interest in the proceeds prior to the date that the clerk reports the surplus as unclaimed or if the owner of record files a claim for the surplus but acknowledges that one or more other persons may be entitled to part or all of the surplus, the court shall set an evidentiary hearing to determine entitlement to the surplus.”).
Reversed and remanded with instructions.
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