In this blog, we will be discussing three things that former Florida Homeowners need to know when there are Florida foreclosure surplus funds available for them to claim.
First and Foremost, if you, as the former Florida Homeowner, are contacted by a Third-Party Surplus Funds Recovery Company DO NOT SIGN ANYTHING. These companies are often known to mislead former Florida Homeowners as well as “disappear” with the former Homeowner’s Florida Foreclosure surplus funds after they are recovered. For more on Third-Party Surplus Funds Recovery Companies click here.
Second, former Florida Homeowner’s should always consult with an Attorney prior to filing their own pro se Homeowner’s claim for Florida foreclosure surplus funds. It is crucial for a former Homeowner to consult with a knowledgeable Florida Foreclosure Surplus Funds Recovery Attorney because, by doing so, they can avoid filing a factually incorrect claim. If a former Homeowner files a factually incorrect claim, then the Court can charge them with perjury under Fla. Statute 837.02. Furthermore, by consulting with an experienced Florida Foreclosure Surplus Funds Recovery Attorney the former Homeowner will gain useful information regarding the surplus funds claim filing process. In fact, the former Homeowner may even decide to enlist the assistance of said Attorney instead of filing the claim on their own. Oftentimes, hiring an Attorney is the best option as they can circumvent any issue that may arise after the Homeowner’s claim for Florida foreclosure surplus funds has been filed. An example, of an issue that can arise is the filing of a competing claim by a Subordinate Lienholder.
Lastly, timing is everything. I say this because there are different time constraints that have been set out by Florida Statutes 197.582(3) and 45.032(9)(c) for Subordinate Lienholders, if any, to file a competing, or timely claim, for a portion of the surplus funds that are available. These time constraints are largely dependent on the type of foreclosure matter that the surplus funds are a result of. The time constraints can be either 120-days (Tax Deed Foreclosure Surplus Funds) or 1-year (Mortgage Foreclosure Surplus Funds). The time constraints set out by Florida Law can be quite complex, and are another reason why I always suggest that a former Florida Homeowner consult with a knowledgeable Florida Foreclosure Surplus Funds Recovery Attorney prior to filing their own pro se claim for their Florida foreclosure surplus funds.
If you are reading this as a former Florida Homeowner and are seeking assistance in the filing of your claim for Florida foreclosure surplus funds, then please give me a call and I will personally give you a free consultation. During our consultation, I will confirm whether or not there are surplus funds available to be claimed as well as answer any questions that you may have. If there are surplus funds available to be claimed, then I will also provide you with a personalized strategy as to how we will go about the claim filing process.
At Haynes Law Group, P.A., we have experienced Attorneys who are well versed in the Florida statutes governing former Florida Homeowners claims to 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 which 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!