I am often contacted by former Florida homeowners who are attempting to recover pending surplus funds from the recent Florida foreclosure sale of their home. However, during my initial consultation with the former Florida homeowner(s) I often discover that they have assigned away their rights to a Florida surplus funds recovery company. The Florida surplus funds recovery company will then hire their own Attorney to file a Motion to Intervene in order to file a claim for the former homeowner(s) Florida foreclosure surplus funds. At this point, it is my job as an Attorney to let the former homeowner(s) know how crucial it is that we act as soon as possible to prevent the Court’s disbursement of the former homeowner’s Florida foreclosure surplus funds to said surplus funds recovery company. The reason we must act quickly is simply due to the fact that once the Florida foreclosure surplus funds are disbursed to the surplus funds recovery company they have no legal, or ethical, obligation to forward said funds to the former Florida homeowner. Oftentimes, once the Florida foreclosure surplus funds are disbursed to the Florida surplus funds recovery company they will completely disappear without forwarding any portion of the recovered foreclosure surplus funds to the former homeowner(s) leaving them completely devastated.
You may be asking yourself “how can these companies take my Florida surplus funds for themselves? I signed a document that allowed the Florida surplus funds recovery company to file a claim to recover MY Florida foreclosure surplus funds on MY behalf.” Well, what you don’t know, or probably didn’t understand, is that the document you signed, commonly known as an “Assignment of Rights,” is what Florida surplus funds recovery companies need you to sign in order to assign away your right to the Florida foreclosure surplus funds to them. Per F.S. 45.033(1) “A person claiming a legal right to the surplus as an assignee of the rights of the owner of record must prove to the court that such person is entitled to the funds.” and F.S. 45.033(2)(a) “The grantee or assignee of a voluntary transfer or assignment establishing a right to collect the surplus funds or any portion or percentage of the surplus funds by proving that the transfer or assignment qualifies as a voluntary transfer or assignment as provided in subsection (3).” This means that, although unethical, the Florida surplus funds recovery company that convinced you to assign away your right to your Florida foreclosure surplus funds, to them, did so in a legal manner.
Therefore, as you can see, I cannot stress how important it is for you to avoid hiring a Florida surplus funds recovery company to recover your Florida foreclosure surplus funds. I strongly advise that when it comes to filing a claim for your Florida foreclosure surplus funds that you first consult with a well-qualified and experienced Florida foreclosure surplus funds recovery Attorney. Unlike Florida surplus funds recovery companies, as an experienced Florida foreclosure surplus funds recovery Attorney, I have a complete understanding of the various Florida Statutes, F.S. 45.031 - 45.034, pertaining to Florida Foreclosure surplus funds and can apply them to meet the specific needs of your case to yield a positive result. Each and every Florida foreclosure surplus funds case is different and must be handled with care to ensure that the foreclosure surplus funds are not completely lost. The biggest difference between hiring a Florida Attorney and a Florida surplus funds recovery company is that Florida Attorneys are bound by a code of ethics set by the Florida Bar, meanwhile a Florida surplus funds recover company is not. Should a Florida Attorney fall out of line or act unethically they can receive severe sanctions from the Florida Bar, or even, risk getting disbarred (losing their right to practice law in the state of Florida).
If you are a former Florida homeowner with a claim to surplus funds after the Florida foreclosure sale of your home, please give me a call and I will personally give you a free consultation. I represent Clients all over the state of Florida, no matter what county they are in, and I will work tirelessly to ensure that I recover YOUR Florida foreclosure surplus funds quickly and efficiently. Here at Haynes Law Group, P.A., I have helped to recover thousands of dollars for former Florida homeowners. I represent people on contingency which means I don’t get paid unless you do!