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Is the Florida Foreclosure Surplus Funds Claim Filing Process Different If My 2nd Mortgage Is The One That Foreclosed On Me?

In this blog, we will discuss the occurrence of Florida Foreclosure Surplus Funds after the foreclosure sale of a Florida property by a 2nd Mortgage Lender.

The occurrence of Florida Foreclosure Surplus Funds after the foreclosure sale of a Florida property by a 2nd Mortgage Lender is not different from surplus funds that are the result of a 1st Mortgage Lender’s foreclosure sale. In fact, they are quite literally the same and so is the surplus funds claim filing process. No matter what, Florida foreclosure surplus funds are “the funds remaining after payment of all disbursements required by the final judgment of foreclosure and shown on the certificate of disbursements,” as stated by Fla. Statute 45.032(1)(c).

Additionally, it is important to note that Subordinate Lienholders can affect a former Homeowner’s claim for surplus funds, after the 2nd Mortgage Lender’s foreclosure sale of a Florida property, in the same way that they affect a former Homeowner’s claim for surplus funds when said surplus funds are the result of a 1st Mortgage Lender’s foreclosure sale of a Florida property. If there are competing claims filed for the surplus funds, then a Florida Judge will more than likely require what is commonly known as an “Evidentiary Hearing”, per Fla. Statute 45.032(9)(b), prior to any disbursement of the foreclosure surplus funds.

If you are a former Florida Homeowner, whose property has been foreclosed on by a 2nd Mortgage Lender, and are unsure as to whether you have surplus funds available to be claimed, 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!

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