One of the biggest skills a foreclosure surplus recovery lawyer can exhibit is a firm understanding of civil procedure. That is, when a motion should be filed, how a motion should be responded to, and/or when a hearing date should be set. These skills, while they seem straight forward, are very strategic and complex at times and can make the world of difference between collecting the full amount of surplus funds or not collecting at all.
Let me give you an example.
The worst thing that I see occur with regards to civil procedure is the copy and paste motion that many people do. That is, an attorney or surplus company will literally just change the property address and the name on a motion they have already used and will file it. This causes many problems for a few reasons.
First, not all foreclosure surplus claims are the same. If there are other lien holders, and depending on what type of lien holders exist (mortgage, code lien, HOA lien), the type of civil procedure and case law used can make a difference between collecting and/or losing all the money to another lien holder. Or if there are heirs that are trying to collect the funds, the procedure is vastly different than just filing an owner’s claim for surplus funds.
Second, knowing civil procedure can help get funds faster for people. I recently filed a motion in Pasco county where I received the funds for my clients before the 60-day time limit of Florida Statute 45.032. Most courts will make parties wait until the 60 days are up to see if any lien holders exist or come forward. I used civil procedure and Florida foreclosure surplus law to overcome that obstacle.
If you have foreclosure surplus funds that you want to collect, be wise and hire a top foreclosure surplus recovery lawyer. I have handled surplus cases all over the state and enjoy putting people in position to potentially win all their money.
I don’t get paid unless I win for you. Call me now for a free consultation.
Whether you need a Miami surplus recovery lawyer, Fort Lauderdale surplus recovery lawyer, Palm Beach surplus recovery lawyer, Tampa surplus recovery lawyer, Pasco County surplus recovery lawyer, Osceola surplus recovery lawyer, Brevard County surplus recovery lawyer, Lake county surplus recovery lawyer, Duval County surplus recovery lawyer, North Miami Beach surplus recovery lawyer, Jacksonville surplus recovery lawyer, Lee County surplus recovery lawyer, Sarasota surplus recovery lawyer, Marion County surplus recovery lawyer, Fort Myers surplus recovery lawyer, Indian hills surplus recovery lawyer, Orlando surplus recovery lawyer, or Orange county surplus recovery lawyer, we will represent parties in any county in the state of Florida!