I often receive calls from people that have an overage of surplus funds from a tax deed foreclosure sale. This means, the property owed taxes and the property was then sold through a tax deed auction to pay those taxes. Sometimes there are significant funds leftover.
The next step is to make a claim for the overage of funds. If there are any lien holders on the property they will be notified as well as any previous owners. Florida law is very clear that these lien holders are entitled to be paid before a homeowner’s claim is paid out. However, sometimes these lien holders will fail to make a claim to the county. If the lien holder fails to make a claim that does not mean that the homeowner then gets the funds. In fact, if there are any other lien holders on the property, the county will be unable to pay the owner themselves. That’s right, the owner will not get paid through the county if there are pending liens on the property, whether others claimed or not.
So how does an owner get paid? Great question that many owners fail to comprehend. A court case will have to be opened in the county of where the sale occurred. This will either come from an interpleader or a declaratory relief action. Interpleaders can be very tricky to get issued depending on which county you are dealing with in Florida. Through experience, getting an interpleader initiated as quickly as possible is something we have had great success with.
Once the interpleader action is filed, civil procedure experience can take effect. With handling thousands of foreclosure cases all over Florida, I have been successful at retrieving surplus funds from a Florida tax deed sale even though there were unpaid lien holders, because of my knowledge of surplus law and civil procedure.
If you were an owner of a property that now has tax deed sale surplus funds, call me for a free consultation. I may be able to get you surplus funds in the highest amount and quickly!
Whether you need a Miami tax deed surplus lawyer, Fort Lauderdale tax deed surplus lawyer, Palm Beach tax deed surplus lawyer, Tampa tax deed surplus lawyer, Clearwater beach tax deed surplus lawyer, Orlando tax deed surplus lawyer, Kissimmee tax deed surplus lawyer, Lake county tax deed surplus lawyer, Tavares tax deed surplus lawyer, North Miami tax deed surplus lawyer, Jacksonville tax deed surplus lawyer, Saint Augustine tax deed surplus lawyer, Sarasota tax deed surplus attorney, Fort Myers tax deed surplus lawyer, Destin tax deed surplus Lawyer, Indian hills tax deed surplus lawyer, Pasco county tax deed surplus lawyer, or a Volusia county tax deed surplus attorney, we will represent parties in any county in the state of Florida!