Recovering foreclosure surplus funds can be tricky. Often, people are made aware that they may be entitled to surplus funds when a surplus recovery company contacts them. At this point, the surplus recovery company will try to pressure a former homeowner to “assign” away their rights to the company. It is very unwise for anybody that may be entitled to surplus funds to do this. My biggest piece of advice, never assign away your foreclosure surplus funds.
For the smart people that don’t assign away their rights, they will often then contact the clerk of the court to find out exactly what they need to do. Clerks are not allowed to give legal advice, yet, they will often inform the former homeowner to print out the boilerplate “owner’s claim for surplus funds” form off of the county website.
These affidavits produced by the county cannot be changed. Many aspects of these affidavits are factually incorrect. For instance, all of these affidavits claim that there are no subordinate lienholders on the property. This is incorrect 90% of the time. Once a former owner files this claim, it could legally be considered perjury. I have further seen other parties in the case use the perjury argument against a former owner.
The best way to file an owner’s claim for surplus funds, is to file a “motion to disburse foreclosure surplus funds”. I have personally filed hundreds of these in the State of Florida. Yet, every single motion is different. That is because every single case is unique and requires precision, experience and skill to properly claim foreclosure surplus funds in Florida.
I would be happy to give you a free consultation. If you decide to hire me to go after your surplus funds, I will only get paid if I win and collect the funds for you. I have handled over 10,000 foreclosure cases in Florida and would be happy to represent you in any county in this state.
If you have a Florida foreclosure surplus claim, call our office today.