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Florida Foreclosure Surplus Funds: Can I File a Claim without an Attorney?

This is one of the questions I am most often asked during my consultations with prospective clients. The answer is yes — you can file a pro se homeowner’s claim for Florida Foreclosure without hiring an Attorney or even those pesky Third-Party surplus funds recovery companies. A pro se Homeowner’s claim is usually filed using a boiler-plate template provided by the county’s Clerk of Court. You may be thinking “Ok this sounds easy enough,” however most of these boiler-plate templates provided by the Clerk of Court are insufficient and are riddled with errors. Furthermore, most claims for Florida foreclosure surplus funds require what is known as a sworn affidavit from the claimant. A former Homeowner filing a pro se claim for Florida foreclosure surplus funds must be very careful when submitting a sworn affidavit to the Court — the reason being that if there is any incorrect, or misrepresented, information contained within the affidavit, then the claimant can accidentally perjure themselves. This is one of the many reasons why I advise former Florida Homeowners to consult with an experienced Florida foreclosure surplus funds recovery attorney prior to filing their pro se claim.

Moreover, another issue that may arise after a former Homeowner has filed a pro se claim for their Florida foreclosure surplus funds is the Judge’s requirement of an Evidentiary Hearing should there be multiple claims filed for said funds. Evidentiary Hearings are hearings in which the claimants go before a Judge to explain their position and why they are entitled to a portion, or the entirety, of the funds that are available in accordance with the law. Should a former Homeowner be required to appear at an evidentiary hearing regarding their claim for surplus funds, then I strongly recommend that they consult with, or obtain the services, of an experienced Florida surplus funds recovery attorney to appear on their behalf to ensure that their rights to the surplus funds are protected.

If you are reading this as a former Florida Homeowner and are considering filing a pro se 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 confirm whether there are surplus funds available to be recovered as well as answer any questions that you may have. If there are surplus funds available to be recovered, then I will also provide you with a personalized strategy as to how we can assist you with the recovery of YOUR Florida foreclosure surplus funds.

At Haynes Law Group, P.A., we have experienced Attorneys who are well-versed in the Florida statutes governing 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.

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