Florida Foreclosure Surplus Funds: Can I Hire an Attorney After I’ve Already Filed A Claim?

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Recently, I’ve been getting several calls from prospective clients who advise that they have already filed a pro se homeowners’ claim for Florida foreclosure surplus funds but now don’t know what to do and want to know if they can still hire an Attorney. The answer is yes, it is important to know that it is never too late to hire a Florida attorney to assist you with the recovery of your Florida foreclosure surplus funds unless said funds have already been disbursed to another party in the case.

Moving on, during my consultations with prospective clients, who have filed a pro se homeowners’ claim for surplus funds, I usually let them know that should they hire our office that I will be filing an amended “homeowners’ claim for surplus funds,” or Motion to Disburse Surplus Funds. The reasoning behind this is to add more facts and legal arguments to the former homeowners’ claim to show the Court that the former homeowner is indeed “entitled” to the surplus funds that are in the Court’s registry, per Fla. Statute 45.032(2).

Once the amended motion is filed, I will then look to either set it for hearing with the judge (if required) or I will submit a proposed order to grant said amended motion along with a copy of the actual motion to the court for the Judge’s review. Should the Judge grant the amended motion then the Clerk of Court will be directed to disburse the surplus funds to our office, and we will then provide the same to the former homeowner. Please note that the timeline, in which, one receives their surplus funds disbursement can vary and is largely dependent on the clerk of court and the county that it is located in. For more information regarding Florida foreclosure surplus funds disbursements and when you, as the former Homeowner, can expect to receive your disbursement please click here.

If you are reading this as a former Florida homeowner who has already filed a pro se homeowners’ claim for Florida foreclosure surplus funds and are seeking assistance as to how to proceed, 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 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.