Florida District Courts of Appeal, 2013

National Equity Recovery Services, Inc. v. Florida Department of Financial Services

National Equity Recovery Services, Inc. v. Florida Department of Financial Services
Florida District Courts of Appeal · Decided December 17, 2013 · Lewis, Makar, Wolf
127 So. 3d 1291; 2013 WL 6636252; 2013 Fla. App. LEXIS 19921 (Southern Reporter, Third Series)

National Equity Recovery Services, Inc. v. Florida Department of Financial Services

Opinion of the Court

PER CURIAM.

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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