Foreclosure FAQ
Answered by an Orlando Foreclosure Defense Attorney
Is your home at risk of being lost to foreclosure? At Haynes Law Group, we proudly represent borrowers whose homes are threatened by foreclosure proceedings. We understand the urgency of your matter; therefore, we offer free consultations and make ourselves available
Why we are the law firm to trust:
- We will answer all of your questions.
- We file the necessary paperwork.
- We assist with loan modifications, short sales and other foreclosure alternatives.
- We have special training in real estate transactions.
Our foreclosure attorneys have provided a list of frequently asked questions about foreclosure below, which we encourage you to continue reading.
For additional information, don't hesitate to contact our office by calling (888) 252-8754 to schedule a free consultation with an Orlando foreclosure defense lawyer!
Our FAQ
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How Can Haynes Law Group Help?
In order for a homeowner to collect these foreclosure surplus funds, one must properly notice the court within a specific time frame in order to be eligible to win the money. Many times, the second or third lien holders, often a bank or government entity, will try and collect these funds that should belong to the homeowner. This is where having a lawyer that has handled foreclosure surplus cases in Florida can come into play. Working with the Haynes Law Group professionals can help to ensure a smoother and more efficient process. We will fight for every cent in surplus funds you deserve.
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What Are Surplus Funds?
Florida Statute 45.032 (c) states that “Surplus funds are the funds remaining after payment of all disbursements required by the final judgment of foreclosure and shown on the certificate of disbursements.” Florida Statute 45.032 (2) further states that “There is established 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.
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How Long Does It Take to Get Surplus Funds?
The process to receive surplus foreclosure funds in Florida typically takes several weeks to a few months, depending on court schedules and the specifics of your case. Consulting with an attorney from Haynes Law Group can help expedite the process and ensure all necessary documentation is correctly filed.
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How Can I Claim Foreclosure Surplus Funds in Florida?
Claiming foreclosure surplus funds in Florida involves several steps: determining eligibility, filing a motion with the court, and receiving funds if the court approves your claim. Working with an experienced attorney can help increase the likelihood of success. Mr. Haynes has been a Foreclosure Surplus lawyer for over thirteen years and has handled thousands of foreclosure cases.
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How much does it cost to hire a partition action lawyer?
We take all partition cases on a contingency basis. This means that you owe us nothing up front! We pay all court costs out of pocket and will only get paid attorney fees if we win your partition action and your piece of real estate sells.
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Do I have to go to court during a partition action?
Not necessarily. Many issues can be handled by your attorney, and some cases settle before reaching trial. However, if the matter is contested, court appearances may be necessary.
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What happens to mortgages and liens on a property that is in a partition action?
Mortgages and liens are paid out of the sale proceeds before any distributions to the co-owners. These encumbrances must be resolved for a clear title to transfer to the new buyer.
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