COVID-19 and Florida Homeowner(s) Claims to Florida Mortgage Foreclosure Surplus Funds

Haynes Law Group

Recently, I have had many consultations with former homeowners looking to file a claim for their Florida Mortgage Foreclosure Surplus Funds and the main question I get is: “how COVID-19 will impact their claim”, for said funds. The short answer to this is that the ongoing pandemic will not impact your claim for the surplus funds by much, if at all.

COVID-19 will not impact a former Florida Homeowner that is looking to file a claim for their surplus funds by much because nothing has changed with the process of filing a claim for Florida mortgage foreclosure surplus funds. The Florida statues governing the process of filing a claim for Florida mortgage foreclosure surplus fund remain the same despite the ongoing pandemic. The only impact a former Florida homeowner may experience when filing their claim for their mortgage foreclosure surplus funds is a delay in obtaining a hearing date to have their claim heard before a Judge, should a hearing be required. The cause for this delay is that many Judges have scaled back their Court docket and are only hearing specific types of matters. However, this does not mean that obtaining a hearing date is impossible or that there will be a significant delay. In fact, I had a case recently where a hearing was requested by the Court, but I was able to circumvent said hearing by negotiating/obtaining what is called an Agreed Order with the opposing party in the case. This allowed me to recover my client’s claim without setting their claim for hearing and thus, shortening the amount of time it took to recover the foreclosure surplus funds for them. It is important to note that there are many cases where a hearing on a former Florida homeowner’s claim for mortgage foreclosure surplus funds is not required. This is mainly due to there being no subordinate liens on the property.

Another question that I have been getting during my consultations is: “Well, what about the Governor’s executive orders enacting a moratorium on Florida foreclosures and evictions. How will these affect my claim?”

The answer to this is simple. The executive orders enacted by Florida Governor Ron DeSantis are strictly to protect Florida Homeowners who have been affected by COVID-19 that have not already had their home sold in a Florida foreclosure auction; for more information on these executive orders click here. The executive orders currently in place have nothing to do with a former homeowner, whose home has already been sold a Florida foreclosure auction, that is looking to file a claim for their foreclosure surplus funds.

If you are a former Florida homeowner, whose home has already been sold at a Florida mortgage foreclosure auction, and are looking to file a claim for your mortgage foreclosure surplus funds during these unprecedented times, please give me a call and I will personally give you a free consultation.

At Haynes Law Group, P.A., we have experienced Attorneys who are well versed in the Florida Statutes governing former Florida homeowners claims to mortgage foreclosure surplus funds, and have helped to claim hundreds of thousands of dollars for former Florida homeowners. We represent former homeowners all over the state of Florida, no matter what county they are in, and will work tirelessly to ensure that you receive the Gold Standard of Legal Service. Best of all, we represent our Clients on contingency which means we don’t get paid unless you do!

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