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FAQ

  • Surplus Funds

    • How Can I Claim Foreclosure Surplus Funds in Florida?

      Claiming foreclosure surplus funds in Florida involves several steps: determining eligibility, filing a motion with the court, and receiving funds if the court approves your claim. Working with an experienced attorney can help increase the likelihood of success. Mr. Haynes has been a Foreclosure Surplus lawyer for over thirteen years and has handled thousands of foreclosure cases.

    • How Long Does It Take to Get Surplus Funds?

      The process to receive surplus foreclosure funds in Florida typically takes several weeks to a few months, depending on court schedules and the specifics of your case. Consulting with an attorney from Haynes Law Group can help expedite the process and ensure all necessary documentation is correctly filed.

    • What Are Surplus Funds?

      Florida Statute 45.032 (c) states that “Surplus funds are the funds remaining after payment of all disbursements required by the final judgment of foreclosure and shown on the certificate of disbursements.” Florida Statute 45.032 (2) further states that “There 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 after payment of subordinate lienholders who have timely filed a claim.

    • How Can Haynes Law Group Help?

      In order for a homeowner to collect these foreclosure surplus funds, one must properly notice the court within a specific time frame in order to be eligible to win the money. Many times, the second or third lien holders, often a bank or government entity, will try and collect these funds that should belong to the homeowner. This is where having a lawyer that has handled foreclosure surplus cases in Florida can come into play. Working with the Haynes Law Group professionals can help to ensure a smoother and more efficient process. We will fight for every cent in surplus funds you deserve.

  • Partition Actions

    • Who can file a partition lawsuit?

      Any person who holds a legal ownership interest in real property, whether full or partial, has the right to file a partition action in Florida.

    • What are the common outcomes of partition lawsuits?
      Most partition actions result in the court ordering the sale of the property, with the proceeds divided among the owners based on their ownership interests. In rare cases, the property may be physically divided; this outcome could be more likely for large, multi-acre properties, especially those used for commercial agricultural purposes.
    • How are proceeds from a partition sale distributed?

      Proceeds are typically distributed in proportion to each party’s ownership share, after deducting costs like taxes, sale expenses, and sometimes reimbursements for repairs or mortgage payments made by one owner on behalf of the others.

    • What happens to mortgages and liens on a property that is in a partition action?

      Mortgages and liens are paid out of the sale proceeds before any distributions to the co-owners. These encumbrances must be resolved for a clear title to transfer to the new buyer.

    • Do I have to go to court during a partition action?

      Not necessarily. Many issues can be handled by your attorney, and some cases settle before reaching trial. However, if the matter is contested, court appearances may be necessary.

    • How much does it cost to hire a partition action lawyer?

      We take all partition cases on a contingency basis. This means that you owe us nothing up front! We pay all court costs out of pocket and will only get paid attorney fees if we win your partition action and your piece of real estate sells.

  • Foreclosure

    • I can't afford my mortgage, what should I do?
      You should contact our office as soon as you realize that you cannot afford to pay your mortgage or if you have missed a payment. Ignoring the problem is a mistake; you may have options that are better alternatives over losing your home to foreclosure.
    • What types of options may I have?
      If you want to work with your lender to keep your home, your options may include any of the following: reinstatement, forbearance, a repayment plan, or a loan modification.
    • What if I can't keep my home?
      If you and your lender agree that you cannot keep your home, you still have options that may allow you to avoid foreclosure, including: a deed-in-lieu of foreclosure, a pre-foreclosure sale, an assumption, or refinancing.
    • Does Florida order deficiency judgments?
      In Florida, deficiency judgments are allowed when the homeowner is personally served in the lawsuit; however, the courts have flexibility regarding the amount of deficiency, regardless of the type of mortgage.
    • Can I get my home back?
      Once the foreclosure is over, you cannot get your home back. But, you have until the court clerk files the certificate of sale or until the time given on the foreclosure judgment to pay off the full amount of the unpaid loan to keep your house. This process is called "redeeming."
    • Are Florida foreclosures judicial?
      Yes, Florida foreclosures are judicial, this means that the lender must file a lawsuit in court to foreclose on your home.
    • How long does the foreclosure process take?
      Due to the backlog of foreclosures in Florida, the entire process can take a year or longer to complete, but you still want to explore your alternatives to foreclosure as early as possible.
    • What is a HUD subordinate mortgage?
      A HUD subordinate mortgage refers to a type of loan that is subordinate or secondary to the primary mortgage on a property. HUD, which stands for the U.S. Department of Housing and Urban Development, offers various housing programs and initiatives to assist homebuyers, particularly those with low to moderate incomes.
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