The Bank of New York Mellon, etc. v. Dianne D. Glenville A/K/A Diane D. Glenville A/K/A Diane Glenville
The Bank of New York Mellon, etc. v. Dianne D. Glenville A/K/A Diane D. Glenville A/K/A Diane Glenville
Opinion
This case involves a dispute between the former record owners of certain real property and a subordinate lienholder over surplus funds resulting from a judicial foreclosure sale of the property. The crux of the dispute is whether the subordinate lienholder timely filed its claim to the surplus amount under the provisions of chapter 45, Florida Statutes (2015), governing judicial sales. The statute requires that a claim to surplus funds be filed within "60 days after *1122 the sale." The specific issue presented is whether the sixty-day period begins upon the public auction of the property, the clerk's issuance of the certificate of title, or some other event.
This Court has for review
Bank of New York Mellon v. Glenville
,
We conclude that the sixty-day period begins upon the clerk's issuance of the certificate of disbursements-something the clerk is tasked with doing "[o]n filing a certificate of title." § 45.031(7)(a), Fla. Stat. Section 45.032(3), Florida Statutes (2015)-which neither Glenville nor Straub considered-makes clear beyond any doubt that the sixty-day period begins upon issuance of the certificate of disbursements. Accordingly, we quash Glenville . We also disapprove the certified conflict case of Straub to the extent the Fourth District held that the sixty-day period begins upon the issuance of the certificate of title as opposed to the certificate of disbursements. 1
I. BACKGROUND
Before presenting the facts and procedural history of Glenville and then discussing Straub , we provide an overview of the general procedures for judicial foreclosure sales.
Judicial Foreclosure Procedures-Generally
Section 45.031, Florida Statutes (2015)-titled "Judicial sales procedure"-as well as certain other sections of the Florida Statutes, address judicial foreclosure sales and set forth the procedures that "may be followed as an alternative to any other sale procedure if so ordered by the court." § 45.031, Fla. Stat. Under section 45.031, the trial court, "[i]n the order or final judgment," "shall direct the clerk to sell the property at public sale on a specified day." § 45.031(1)(a), Fla. Stat. A notice of sale shall then be published at certain times and shall contain certain information, including "[t]he time and place of sale." § 45.031(2), Fla. Stat. The winning bidder is required to post a deposit "[a]t the time of the sale" and must pay the remaining balance within a prescribed period. § 45.031(3), Fla. Stat. "After a sale of the property," the clerk is required to "promptly file a certificate of sale." § 45.031(4), Fla. Stat. "If no objections to the sale are filed within 10 days after filing the certificate of sale," the clerk is then required to file a "certificate of title." § 45.031(5), Fla. Stat. Upon the filing of the certificate of title, "the sale shall stand confirmed." § 45.031(6), Fla. Stat. "On filing a certificate of title," the clerk is then *1123 required to disburse the proceeds "in accordance with the order or final judgment" and file a "certificate of disbursements." § 45.031(7)(a)-(b), Fla. Stat. "If there are funds remaining after payment of all disbursements required by the final judgment of foreclosure and shown on the certificate of disbursements, the surplus shall be distributed as provided in this section [45.031] and ss. 45.0315-45.035." § 45.031(7)(d), Fla. Stat.
Section 45.031 was amended in 2006 to require that the final judgment of foreclosure, the notice of sale, and the certificate of disbursements include certain language informing subordinate lienholders and other persons claiming a right to any surplus funds that they must file a claim with the clerk of court within "60 days after the sale." See ch. 2006-175, § 1, at 2, 3, 5, Laws of Fla. (amending § 45.031(1)(a), (2)(f), (7)(b), Fla. Stat., respectively). Section 45.031 does not define "sale" or "60 days after the sale." But as the cross-references in section 45.031(7)(d) indicate, other sections of chapter 45 also govern surplus funds. Those other sections include section 45.032, which sets forth detailed requirements and procedures relating to the disbursement of surplus funds. As addressed more fully below, section 45.032 itself prescribes a sixty-day period in the specific context of the filing of claims for surplus funds-a sixty-day period beginning upon the issuance of the certificate of disbursements. See § 45.032(3), Fla. Stat.
Glenville -the Case on Review
Respondents, Diane and Mark Glenville, were the defendant property owners in a foreclosure action.
Glenville
,
In May 2014, JP Morgan Chase brought a foreclosure action against the Glenvilles, seeking to foreclose its interest under the first mortgage. A Final Judgment of Foreclosure was entered against the Glenvilles on May 28, 2015. The final judgment set a public auction date of July 2, 2015, and-in accordance with section 45.031(1)(a), Florida Statutes -included the requisite statement regarding a potential surplus. The public auction was held on July 2, 2015. The clerk issued the certificate of sale on July 6, 2015, after the holiday weekend. On July 14, 2015, the clerk issued the certificate of title. And on July 29, 2015, the clerk issued the certificate of disbursements, which, in accordance with section 45.031(7)(b), Florida Statutes, included the requisite language regarding surplus funds. The certificate of disbursements reflected a surplus of $86,093.27.
On August 4, 2015, Florida Housing filed a claim asserting its right to $20,573.64 of the surplus amount. On September 1, 2015-sixty-one days after the public auction-the Glenvilles filed a Verified Claim for Mortgage Foreclosure Surplus. In their motion, the Glenvilles admitted that Florida Housing's claim was timely and requested that the trial court issue an order disbursing $20,573.64 of the surplus to Florida Housing and the remainder to the Glenvilles. The next day, on September 2, 2015, Mellon filed a claim asserting its right to the entire surplus amount. Mellon's claim was filed more than sixty days after the public auction but within sixty days of the clerk's filing of each of the following: the certificate of sale, the certificate *1124 of title, and the certificate of disbursements. No other relevant claims to the surplus were filed.
On November 2, 2015, the trial court held a hearing on the parties' competing claims for the surplus. On November 5, 2015, the trial court issued an Order to Disburse Surplus Funds, directing the clerk to disburse $20,573.64 of the surplus to Florida Housing, and the balance to the Glenvilles.
2
The trial court rejected Mellon's claim as untimely under section 45.031 because it "was not submitted within 60 days of the foreclosure sale held on July 2, 2015." Mellon appealed to the Second District, arguing "that a foreclosure sale is not complete until the clerk issues the certificate of sale."
Glenville
,
The Second District rejected Mellon's argument and affirmed the trial court's order denying Mellon's claim for surplus funds.
The Second District also rejected a separate argument from Mellon that the sixty-day period should begin from the day the clerk issues the certificate of title. The Second District concluded that Mellon waived that argument by not raising it prior to rehearing.
Straub -the Certified Conflict Case
In
Straub
, the subordinate lienholders filed their claims to the surplus more than sixty days after the public auction and the filing of the certificate of sale, but not more than sixty days after the clerk's filing
*1125
of the certificate of title.
Straub
,
In
Strasser
, this Court interpreted the meaning of the term "sale" in section 45.031(1), Florida Statutes (1971), but in the context of the right of redemption.
Strasser
,
After reviewing
Strasser
, the Fourth District in
Straub
concluded that
Strasser
's reasoning should control the interpretation of the term "sale" in "today's version of [ section 45.031 ]"-that is, the transfer of ownership completed upon filing of the certificate of title.
Straub
,
*1126
II. ANALYSIS
The certified conflict issue presented in this case requires us to construe the term "60 days after the sale," as used in section 45.031, Florida Statutes (2015). This issue is one of statutory interpretation, which is a pure question of law that this Court reviews de novo.
See
Borden v. E.-European Ins. Co.
,
In 2006, in an apparent response to the growing number of foreclosure sales that were resulting in surplus amounts, the Legislature amended chapter 45, Florida Statutes, by enacting "[a]n act relating to foreclosure proceedings." Ch. 2006-175, Laws of Fla. (title). As indicated above, the 2006 act amended section 45.031 to require that certain statements regarding potential surplus amounts be included in the final judgment of foreclosure, the notice of sale, and the certificate of disbursements. See ch. 2006-175, § 1, at 1-6, Laws of Fla. The 2006 act also created several new statutory sections within chapter 45 to specifically address foreclosure surplus funds. And the 2006 act amended existing section 45.031(7) to add paragraph (d) to directly cross-reference those new statutory sections. See ch. 2006-175, § 1, at 6, Laws of Fla. Namely, section 45.031(7)(d), Florida Statutes (2015), provides that "[i]f there are funds remaining after payment of all disbursements required by the final judgment of foreclosure and shown on the certificate of disbursements, the surplus shall be distributed as provided in this section [45.031] and ss. 45.0315-45.035." 4 The newly created statutory sections include section 45.032, titled "Disbursement of surplus funds after judicial sale."
Because we find section 45.032-and in particular subsection 45.032(3)-to be dispositive of the conflict issue, we begin by examining the relevant provisions of section 45.032. We then explain why section 45.032(3) requires the conclusion that the sixty-day period in section 45.031(7)(b) -and elsewhere in section 45.031 -begins to run upon the issuance of the certificate of disbursements.
Section 45.032
As an initial matter, section 45.032(1) defines certain terms that apply not just for purposes of section 45.032 but "[f]or purposes of ss. 45.031 - 45.035." Section 45.032(1)(c) specifically defines the term "surplus" to mean "the funds remaining after payment of all disbursements required by the final judgment of foreclosure and shown on the certificate of disbursements. " (Emphasis added.)
Among other things, section 45.032(2) then "establishe[s] a rebuttable legal presumption that the owner of record on the date of the filing of a lis pendens is the person entitled to surplus funds after payment of subordinate lienholders who have timely filed a claim. " (Emphasis added.)
Section 45.032(3) then references a very specific sixty-day period: "During the 60 days after the clerk issues a certificate of disbursements , the clerk shall hold the surplus pending a court order." (Emphasis added.) Each of the three paragraphs in subsection (3) go on to reference this sixty-day *1127 period in the specific context of the filing of claims for surplus funds. Paragraph (a) provides, in part, as follows: " If the owner of record claims the surplus during the 60-day period and there is no subordinate lienholder , the court shall order the clerk to deduct any applicable service charges from the surplus and pay the remainder to the owner of record." § 45.032(3)(a), Fla. Stat. (emphasis added). Paragraph (b) then provides, in part, as follows:
If any person other than the owner of record claims an interest in the proceeds during the 60-day period 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.
§ 45.032(3)(b), Fla. Stat. (emphasis added). Finally, paragraph (c) provides, in part, that "[ i ] f no claim is filed during the 60-day period , the clerk shall appoint a surplus trustee from a list of qualified surplus trustees as authorized in s. 45.034." § 45.032(3)(c), Fla. Stat. (emphasis added). 5
Lastly, the Legislature made clear that disputes over surplus funds have no bearing on the validity of the foreclosure sale itself and "do not in any manner affect or cloud the title of the purchaser at the foreclosure sale of the property." § 45.032(5), Fla. Stat.
Statutory Interpretation
In concluding that the sixty-day period referenced in section 45.031 is triggered by the public auction, the Second District in
Glenville
did not take into account the specific sixty-day period identified in section 45.032(3). Instead, the Second District focused largely on what it considered to be a clear meaning of section 45.031(7)(b) that avoided confusing the meaning of other subsections of section 45.031.
Glenville
,
We agree with Mellon that the sixty-day period is not triggered by the public auction. In doing so, we conclude that the sixty-day period in section 45.031(7)(b) must be understood in a way that is consistent with the sixty-day period in section 45.032(3). Ultimately, there cannot be two different sixty-day cutoff periods for filing claims for surplus funds.
As with any matter involving an issue of statutory interpretation, courts must first look to the actual language of the statute and "examine the statute's plain meaning."
Lopez v. Hall
,
*1128
A.R. Douglass, Inc., v. McRainey
,
is subject to the qualification that if a part of a statute appears to have a clear meaning if considered alone but when given that meaning is inconsistent with other parts of the same statute or others in pari materia, the Court will examine the entire act and those in pari materia in order to ascertain the overall legislative intent.
When construing a particular part of a statute it is only when the language being construed in and of itself is of doubtful meaning or doubt as to its meaning is engendered by apparent inconsistency with other parts of the same or a closely related statute that any matter extrinsic the statute may be considered by the Court in arriving at the meaning of the language employed by the Legislature.
Fla. State Racing Comm'n v. McLaughlin
,
Section 45.032 is "closely related" to section 45.031.
So looking to section 45.032 to understand the meaning of section 45.031 is proper because section 45.031, section 45.032, and several other sections of chapter 45 together comprise a statutory scheme relating to judicial foreclosure sale procedures.
See
Sch. Bd. of Palm Beach Cty. v. Survivors Charter Sch., Inc.
,
Our case law has already recognized that the term "sale" in chapter 45 must be understood in light of the specific context in which it is used. In
Strasser
we examined a previous version of section 45.031
*1129
and concluded that the undefined term "sale" in the specific context there referred to the transfer of ownership occurring upon the filing of the certificate of title.
See
Strasser
,
Interpretation of the sixty-day provision of section 45.031(7)(b) in light of the sixty-day provision of section 45.032(3) is also supported by the rule that "a specific statute covering a particular subject area always controls over a statute covering the same and other subjects in more general terms."
McKendry v. State
,
Our reasoning regarding the conflict issue also requires that we disapprove the reasoning of Straub . Straub correctly determined that the sixty-day cutoff period does not begin until after the actual transfer of ownership of the property, but Straub erroneously concluded that the sixty-day period begins upon the issuance of the certificate of title. Although the Legislature may have contemplated that the certificate of disbursements would be issued on the same day as the certificate of title, see § 45.031(7)(a), Fla. Stat. (requiring the clerk to file the certificate of disbursements "[o]n filing a certificate of title"), that will not always be the case, as Glenville demonstrates. And section 45.032(3) provides that the actual triggering event is the issuance of the certificate of disbursements.
III. CONCLUSION
We conclude that "60 days after the sale," as used in chapter 45 in the context of claims to surplus funds, means sixty days after the clerk issues the certificate of disbursements. Mellon's claim to the surplus was timely filed before the expiration of that sixty-day period. Accordingly, we quash the Second District's decision in Glenville . And we disapprove the reasoning of Straub , which is inconsistent with our reasoning here.
It is so ordered.
PARIENTE, QUINCE, POLSTON, LABARGA, and LAWSON, JJ., concur. LEWIS, J., concurs in result.
We note that during the most recent legislative session, the Legislature passed Committee Substitute for Committee Substitute for House Bill 1361. Among other things, the bill amends sections 45.031 and 45.032, as well as certain related sections of the Florida Statutes, to revise (lengthen) the time period within which subordinate lienholders and other persons must file a claim to the surplus amount. The bill, which provides for an effective date of July 1, 2019, was signed by Governor Scott on March 21, 2018. See ch. 2018-71, Laws of Fla. We do not address this legislation.
The trial court's order reflects a surplus of $90,564.93, as opposed to the $86,093.27 surplus amount reflected in the certificate of disbursements. The actual amount of the surplus is not relevant to the legal issue presented in this case.
The Second District also rejected Mellon's reliance on certain cases that involved "a mortgagor's right of redemption, which is governed by section 45.0315, not section 45.031."
Glenville
,
Section 45.0315, which addresses the right of redemption, is the only cross-referenced section that was in existence before the effective date of the 2006 act.
"Surplus trustees" are third-party trustees who must be approved by the Department of Financial Services and whose primary duty "is to locate the owner of record within 1 year after appointment." See § 45.034(1), (6), Fla. Stat.
Reference
- Full Case Name
- The BANK OF NEW YORK MELLON, Etc., Petitioner, v. Dianne D. GLENVILLE A/K/A Diane D. Glenville A/K/A Diane Glenville, Et Al., Respondents.
- Cited By
- 10 cases
- Status
- Published