Today, we will be discussing a former Florida Homeowner’s Pro Se Claim to Florida foreclosure surplus funds and how they can be “accidentally” committing perjury. Losing one’s home can be remarkably devastating for any Homeowner. However, in Florida, there is somewhat of a glimmer of hope for former Homeowners who have recently lost their home due to foreclosure. This glimmer of hope arrives in the form of Surplus Funds. Former Florida Homeowners are legally required to be notified by the Clerk of Court, via the Clerk’s issuance of a Certificate of Disbursements, of the availability of Florida foreclosure surplus funds, if any, remaining after the recent Florida foreclosure sale of their Florida property. However, many former Florida Homeowners are often contacted first by pesky Third-Party Surplus Funds Recovery Companies who will stop at nothing to get the former Florida Homeowner to hire them to assist said Homeowner with the filing of their surplus funds claim. If you are a former Florida Homeowner and have been contacted by one of these companies, then I strongly suggest that you do your due diligence and consult with a Florida Foreclosure Surplus Funds Recovery Attorney immediately.
Moving on, when a former Florida Homeowner is first notified of the Florida foreclosure surplus funds that may be available to them, they may act hastily in filing a pro se, or in other words, their own claim in an attempt to receive a disbursement of said surplus funds from the Clerk of Court as quickly as possible. However, most of the time former Florida Homeowners, who file a pro se claim for Florida foreclosure surplus funds, will use a boilerplate template, which can be found on just about every Florida County’s Clerk of Court website, to file their claim. Let it be known that a majority of pro se Homeowners’ claims to surplus funds are not very successful and can often lead to the former Homeowner “accidentally” committing perjury under Fla. Statute 837.02 by making a false or factually incorrect statement to the Court. Additionally, if there are competing claims for the Florida foreclosure surplus funds from Subordinate Lienholders (who have most likely hired an Attorney to assist them with the filing of their claim), then a former Florida Homeowner using a boilerplate template, “Homeowners’ Claim for Surplus Funds”, will be no match against the Subordinate Lienholder’s claim. Therefore, potentially resulting in the former Homeowner losing part, or even, the entirety of the Florida foreclosure surplus funds to said Subordinate Lienholder. Thus, this is why I always recommend that a former Florida Homeowner consult with an experienced Florida Foreclosure Surplus Funds Recovery Attorney before they file a pro se Homeowner’s claim for 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 answer any questions that you may have and 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!