These were the words a judge used at a recent final surplus fund hearing. The Florida courts are starting to get extremely stringent when it comes to giving out surplus money. This is because the amount of fraud taking place in Florida, especially Dade and Broward County, is extremely frequent. In fact, many judges are requiring that we notice the Clerk of the Court to attend the hearing. The Clerk will investigate the case and make sure the proper party is making a claim.
In this specific hearing, there were two heirs of the estate. I represented one heir, and NERS represented the other. No probate was done on the property and there was nearly $100,000.00 in surplus funds. There was a second mortgage on the property that failed to properly make a claim within 60 days of the Certificate of Disbursements.
The judge had an issue with us not going to probate, and said that it was required. While the attorney for the surplus company literally didn’t say a word, I was able to make valid legal arguments as to why probate was unnecessary. Specifically, through statute 45.032, there is a clause that calls for an “involuntary transfer of title or rights to the surplus funds via an inheritance.”
I further told the judge that if this estate had to be probated that it would give this second mortgage, as a creditor, the opportunity to come and wipe out the surplus funds. Thus, leaving the two heirs with nothing. I made a few other arguments, again, the third party company lawyer didn’t make any arguments, which is typical.
In the end, the judge granted our motion for surplus funds because of my argument.
This is a PRIME example of how hiring a third party Florida surplus company can literally leave an heir with absolutely nothing. Judges are getting stricter which means a person potentially entitled to Florida surplus funds needs a skilled Florida surplus lawyer.
(Side note: when contacted by an agent of a surplus recover funds company, call me instead).
Call me today 1-888-252-8754. I will personally answer and give you a free consultation. If you hire me, you don’t have to pay me anything upfront, but only if I win the case and collect the funds for you!
Benjamin C. Haynes, Esq.
Haynes Law Group
If you need a surplus lawyer, Haynes Law Group will represent a homeowner in any county in Florida!