My Home Has Been Sold at a Florida Foreclosure Auction — How Do I Know if There Are Surplus Funds Available to Be Claimed?


Facing foreclosure as a Florida homeowner can be overwhelming and may leave you wondering what happens next or “now what?” Well, let me be the first to tell you that this may not be the end of the road for you — there may be some light at the end of what seems like a very dark tunnel. I say this because in Florida there can be what are known as surplus funds remaining after the Florida foreclosure auction of a former Homeowner’s property. Florida Statute 45.032(c) defines surplus funds as “the funds remaining after payment of all disbursements required by the final judgment of foreclosure and shown on the certificate of disbursements.” The same statute further states that “[t]here is established a rebuttable legal presumption that the owner of record on the date of the filing of a lis pendens is the person entitled to surplus funds….”

For example: If a final judgment of foreclosure is entered against a Florida property in a Florida foreclosure action in the amount of $50,000 and the property is sold at foreclosure auction in the amount of $100,000, then there will be a surplus of funds in the amount of $50,000 for the former Homeowner(s) to claim!

If you wish to find out whether there are surplus funds available for you to claim, then you may contact your County’s Clerk of Court’s Foreclosure Department and they will be able to provide you with this information. Furthermore, you will also be able to find this information online by going to your County’s Clerk of Court website and looking up your specific case information. Once you find your case, you will need to look for what is known as a Certificate of Disbursements — the Certificate of Disbursements contains information outlining whether the Court retained a surplus in their registry. After you determine whether there are surplus funds available, I strongly advise consulting with an experienced Florida foreclosure surplus funds recovery attorney right away. By speaking with an attorney, you can gain valuable information regarding your rights as they pertain to the surplus funds. Moreover, if you’ve been contacted by one of those pesky third-party surplus funds recovery companies; I strongly advise ignoring them and that you do not sign anything until you have spoken with an experienced attorney.

If you are having trouble determining whether there are surplus funds available for you to claim (or have been notified that there are surplus funds available to be claimed) after the recent Florida foreclosure auction of your property, 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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