Why do I Need to Hire a Foreclosure Surplus Lawyer?

In order for a former owner to claim foreclosure surplus funds in Florida, it is an extremely wise decision to hire an attorney. Not just any attorney, but specifically an experienced and skilled foreclosure surplus funds lawyer. Here are some reasons why:

  1. Legal Hurdles

Through the pendency of a foreclosure surplus case in Florida, there are numerous hurdles that arise after the certificate of disbursement arises. More specifically, these hurdles are often unforeseen. Out of the hundreds of foreclosure surplus cases I have personally handled, my estimation is that 95% of the cases have a “legal hurdle” arise before the surplus funds are ordered by the judge. Having an experienced lawyer to navigate through these legal hurdles is essential in putting owners in a position to collect surplus funds.

  1. Court Appearance Requires

Once an owner’s claim for surplus funds is filed with the court, or a motion to disburse foreclosure surplus funds, the judge of the county in Florida will require a final hearing in order to disburse these surplus funds. When this court hearing occurs, one needs to be prepared to answer all of the judge’s legal questions regarding entitlement to surplus funds. This can get very tricky as there will often be opposition from other parties involved in the case. Remember, you must meet the legal standard required in Florida in order to win any surplus funds.

  1. What is the legal standard for you?

If you are an heir of an estate that is entitled to surplus funds, then the legal standard required is different than that of a former owner entitled to surplus funds. Florida Statute 45.031, 45.032 and 45.033 all govern how surplus funds work. Yet, there is also case law in Florida where the courts have narrowed down what these statutes mean and how they apply. Therefore, the facts of each case will determine a) what needs to be filed; and b) what needs to be argued and presented as evidence to the court.

If you think you may be entitled to foreclosure surplus funds in Florida, please call my firm and I will personally give you a free consultation. I handle foreclosure surplus cases in every county in Florida.

Categories: