KEY POINTS | FLORIDA DCA AFFIRMS AWARD OF LENDER’S POST JUDGMENT EXPENDITURES

1. Florida’s Fourth DCA affirmed an order which authorized reimbursement of $16,257.68 to the lender for post-judgment advances made to pay insurance premiums, taxes, property inspections, and additional attorneys’ fees and costs. Distressed Invs., LLC v. US Bank Tr., N.A. as trustee for LSF11 Master Participation Tr., No. 4D2023-1900, 2024 WL 3351364, at *1 (Fla. 4th DCA July 10, 2024).

   
   

2. The property owner’s assignee also sought a portion of the surplus proceeds and argued that the assignee and junior lienholders were entitled to the surplus, not the lender because the lender failed to amend its foreclosure judgment to reflect the additional expenditures.

   
   

3. The DCA disagreed with the assignee finding the mortgage and foreclosure judgment specifically allowed the lender to make post-judgment expenditures and the court reserved jurisdiction to enter orders reimbursing the lender for those expenses. The lender was not required to amend the judgment. Click here to read the full article