Surplus Proceeds.

• Author: Metz, Michael
• Position: Letters - Letter to the Editor

In "Disbursement of Surplus Proceeds from a Foreclosure Sale" (July/ August), the authors asserted that case law allows parties who are defaulted to later assert their rights to the surplus. Those who practice in this area should also be advised that the Department of Revenue has a statutory right to participate in surplus irrespective of whether a default has been entered against the department. See F. S. [section] 69.041(2003).

Recently an attorney who was apparently unaware of this provision was ordered by a judge in Palm Beach County to return the surplus which was...