Today, we will be discussing the process that takes place when a former Florida Homeowner files their claim for Florida mortgage foreclosure surplus funds. First and foremost, the first step is determining whether there are surplus funds available for the former Homeowner to claim. The easiest way for a former Homeowner to do this is by looking at the Court’s filed Certificate of Disbursement. Per Fla. Statute 45.031(7), a Certificate of Disbursement is required to be filed by the Clerk of Court after the conclusion of a foreclosure sale of a Florida property and when the Certificate of Title is issued.
Once, a former Florida Homeowner has determined that he or she has foreclosure surplus funds available to be claimed they will then need to file a Homeowners’ Claim for said surplus funds with the Clerk of Court. This is the part where I strongly recommend that the former Homeowner consult with an experienced Florida Foreclosure Surplus Funds Recovery Attorney as the pro se filing of a Homeowners’ Claim for surplus funds can lead to unexpected consequences or mixed results if said claim not filed correctly. Some of these consequences can be the Court’s finding of the pro se claimant’s filing as perjury for being factually incorrect (even by mistake) or the total loss of the former Florida Homeowner’s surplus funds.
Moving on, once the former Florida Homeowner’s claim for the Florida foreclosure surplus funds has been filed it will need to be set for hearing before a Judge. This is another part of the claim filing process that can become quite complex especially if there are competing claims, which are usually filed by a Subordinate Lienholder, If there are competing claims for the foreclosure surplus funds, then the Judge will require what is known as an Evidentiary Hearing. At an Evidentiary Hearing the Judge will determine 1. Who is entitled to the disbursement of the Surplus Funds and 2. The Order that the Surplus Funds are to be disbursed. Should the former Florida Homeowner have seeked out an experienced Foreclosure Surplus Funds Recovery Attorney to assist them with the filing of their claim, then said Attorney would oftentimes be able to circumvent said Hearing and coordinate an agreement with the Subordinate Lienholder who filed the competing claim.
Lastly, once the Judge has heard the former Homeowner’s claim for the Surplus Funds along with the Subordinate Lienholder’s claim (if there is one) they will then issue a ruling. Once the Judge has issued their ruling the Clerk of Court will disburse the surplus funds accordingly, via certified check and first-class mail.
As you can see, the claim filing process for a former Florida Homeowner’s foreclosure surplus funds is simple but can also be quite complex (should there be Subordinate Lienholders involved). If you are a former Florida Homeowner, whose property has been sold at a Florida foreclosure auction, and would like assistance with the filing of your Florida Foreclosure Surplus Funds Claim, please give me a call and I will personally give you a free consultation! During our consultation, I will confirm whether or not you have surplus funds available to be claimed as well as answer any questions that you may have. I will also provide you with a personalized strategy as to how we will go about the claim filing process for YOUR Florida foreclosure surplus funds.
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!