Florida Foreclosure Surplus Funds: When you should contact an Attorney

Representing Homeowners

If you are a former Florida homeowner that has been notified that there are surplus funds available after the recent foreclosure sale of your property, then you should contact a Florida surplus funds recovery attorney right away!

It is important for you to contact an Attorney so that you can learn of your rights when it comes to filing a homeowners claim for said surplus funds and so that you can gain an understanding of what is available to you. According to Florida Statute 45.032(2), “there is established a rebuttable legal presumption that the owner of record on the date of the filing of a lis pendens is the person entitled to surplus funds…” Meaning that you as the former homeowner are entitled to the entirety of the surplus funds unless there are subordinate lienholders who have filed a timely claim.

Furthermore, if you have been contacted by a third-party company to retain their services to file a claim for surplus funds on your behalf, then we strongly recommend that you speak with an Attorney before signing or entering into any agreement with said company. Oftentimes, these companies will hide additional fees, or contingencies, within their agreement, or a separate agreement, to take more of YOUR surplus funds.

***BEWARE*** If you initially hire a third-party company to assist you with the filing of your claim and you wish to switch to an Attorney’s representation, then it can be difficult to get out of the agreement that you have already signed. However, it is not impossible — consult with an Attorney right away. If the funds are disbursed by the court to the third-party company, then there is no going back, and it will be too late.

If you are a former Florida Homeowner are seeking a consultation to file a claim for YOUR 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 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 can assist you with the filing of your claim.

At Haynes Law Group, P.A., we have experienced Attorneys who are well-versed in the Florida statutes governing former Florida homeowners’ claims to Florida 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.

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