If you are reading this, then chances are that you filed a pro se homeowners’ claim for Florida foreclosure surplus funds and that the Judge has set your case for what is called an Evidentiary Hearing. In Florida, surplus funds cases can be set for Evidentiary Hearings when there are multiple claims filed for surplus funds in a case or when only one claim is filed but there are subordinate lienholders who have yet to file a claim and are within the 1-year period to do so. Florida Statute 45.032(3)(b) states “If any person other than the owner of record claims an interest in the proceeds prior to the date that the clerk reports the surplus as unclaimed or if the owner of record files a claim for the surplus but acknowledges that one or more other persons may be entitled to part or all of the surplus, the court shall set an evidentiary hearing to determine entitlement to the surplus.” Therefore,
Evidentiary Hearings are used by Florida judges to determine the order in which the surplus funds are to be disbursed between the parties that have filed competing claims or have yet to file a claim.
If you have filed a pro se claim for Florida foreclosure surplus funds and it has been set for an Evidentiary Hearing, then I strongly recommend that you consult with an experienced Florida foreclosure surplus funds recovery Attorney. By consulting with an experienced Attorney, they can advise you of your rights going into said hearing. Furthermore, should you choose to hire an attorney they will be able to proper use case law along with Florida Statutes to defend your position when it comes to the disbursement of your claim. In fact, an experienced surplus funds recovery attorney can often circumvent the need for an Evidentiary Hearing by coming to an agreement (that is in your best interest) with the parties who have filed a competing claim.
If your Florida foreclosure surplus funds recovery matter has been set for an Evidentiary Hearing, then please give me a call and I will personally give you a free consultation. During our consultation, I will provide you with a review of your case as well as answer any questions that you may have. Additionally, I will also provide you with a personalized strategy as to how we can assist you with the recovery of YOUR 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 Florida foreclosure surplus funds and have helped to recover millions 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.