Florida Foreclosure Surplus Funds - Sometimes Subordinate Lienholders Are Not Really Subordinate Lienholders

Haynes Law Group

I have recently signed up a client to help with retrieving her Florida Foreclosure Surplus Funds from the court registry. I looked over the original complaint and the Plaintiff (mortgage lender) named a number of other potential parties who may have a subordinate lien on the property. The lender will do this to let the court know that there are other parties who may have a stake in whether the property goes to foreclosure sale. The lender’s attorney will put references to the Book and Page number in the County records where these alleged liens are recorded and will sometimes attach them to the complaint as exhibits. But what I want you to understand here is that not every Plaintiff’s attorney does their research as thoroughly as others do.

For this case in particular, the plaintiff looked up my client’s name through public records to find any other parties who might have a claim in this foreclosure case. However, they didn’t pay much attention to whether the liens they found actually belonged to my client. For these purposes I will call her Jane Doe. They attached potential liens for other Jane Doe’s with different middle names/initials or with addresses that had nothing to do with my client. After speaking with my client, it became clear that none of these alleged subordinate lienholders were associated with my client. I looked up these alleged liens and saw for myself that they either had different middle names/initials, had signatures that didn’t belong to my client, or had an address that my client had never live at or associated with. This is one of the many reasons it is extremely important to hire a qualified Florida Foreclosure Surplus Attorney. You won’t get this same kind of attention to detail from one of those “fly by night” third-party surplus recovery companies.

Florida Statute 45.033 and 45.032 both state that a subordinate lienholder must file a “timely” claim in order to receive those funds. But what about an alleged subordinate lienholder that is not really a party to the case? Your qualified Florida Foreclosure Surplus Attorney will need to properly research the alleged lien and will likely have to request an evidentiary hearing with the court, along with a motion that would dismiss the alleged subordinate lienholder’s claim. This can be a delicate situation and must be done properly. If mistakes are made, you could lose some or all of the Florida Foreclosure Surplus Funds you should rightly be entitled to.

If your home has been foreclosed on anywhere in the State of Florida and you believe you have Surplus Funds coming to you, please give me a call for a free consultation. I will go over your case with you step by step to let you know what claims from a subordinate lienholder are being made or could be made. I will fight to make sure you get the maximum Florida Foreclosure Surplus Funds you have coming to you.

If your case is like the one I just talked about, I can help you to make sure any false lienholders are removed from the case and they don’t get your money. I handle Foreclosure Sale Surplus Funds cases and Tax Deed Sale Surplus Funds cases in every County in the State of Florida, and I don’t get paid unless you do.

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