This is a question I am required to answer quite frequently. In every single Florida foreclosure surplus funds case, the clerk of court may inform the former owner to fill out a single page form the clerk provides. This form is a boiler plate form that cannot be changed. Often, this form will implicate former owners to potential perjury. This is because many of the statements in the clerk of court’s form are factually incorrect. Therefore, what should an owner file in lieu of the clerk’s “owner’s claim for Florida foreclosure surplus funds”?
I file a few different types of motions depending on the facts of the surplus funds case. Often, I file a motion to disburse Florida foreclosure surplus funds. However, other times I am required to file an objection to another’s claim to the surplus funds. The statutes that dictate my legal argument depend once again, on the facts of the case. The facts that determine the legalities needing to be argued in the motion depend on 1) if I am representing the actual former owner of the property, or 2) if I am representing heirs to the estate.
Filing an objection to another party’s claim for surplus funds is extremely important. The objection can preserve a party’s rights to surplus funds and often disclaim another party that is trying to get the funds even though their standing is not backed up by Florida law.
Once your motion is filed, I then coordinate a final court hearing on the motion. This is where I get in front of the judge and actually argue the motion to disburse surplus funds. When the Judge grants my motion for surplus funds, he or she will sign an order disbursing the surplus funds on behalf of my client. Depending on your county, the funds can then take anywhere between one to four weeks to receive.
If you have a Miami foreclosure surplus funds case, Fort Lauderdale foreclosure surplus funds case, Palm Beach foreclosure surplus funds case, Tampa foreclosure surplus funds case, Clearwater beach foreclosure surplus funds case, Orlando foreclosure surplus funds case, Kissimmee foreclosure surplus funds case, Lake county foreclosure surplus funds case, Tavares foreclosure surplus funds case, North Miami foreclosure surplus funds case, Jacksonville foreclosure surplus funds case, Sarasota foreclosure surplus funds case, Fort Myers foreclosure surplus funds case, Destin foreclosure surplus funds case, Indian hills foreclosure surplus funds case, or a Volusia county foreclosure surplus funds case, we will represent parties in any county in the state of Florida!
Call me directly today at 1-888-252-8754 for a free consultation regarding your Florida foreclosure surplus money case!