Florida Surplus Funds Attorney
Mortgage Foreclosure Surplus, Tax Deed Excess Proceeds, and Overbid Recovery in Florida
When a Florida property sells at a foreclosure auction for more than the outstanding mortgage balance, the difference belongs to the former homeowner, not the lender. That remainder, called foreclosure surplus funds or a foreclosure overage, is deposited with the clerk of the circuit court after the sale is confirmed. Florida Statute 45.031 governs that deposit and disbursement process. Florida Statute 45.032 establishes who is entitled to claim the funds and in what order, starting with a rebuttable presumption that the owner of record on the date of the lis pendens holds the right to whatever surplus remains after valid lienholder claims are resolved.
The same right applies to tax deed surplus cases. When a property sells at a tax deed sale for more than the tax debt owed, the excess proceeds are held by the clerk under a parallel statutory process. Haynes Law Group handles both mortgage foreclosure surplus recovery and tax deed surplus recovery across Florida, including cases where second mortgagees, HOA lienholders, code enforcement agencies, or IRS claims are competing for the same funds.
Deadline risk is real. Once surplus funds are deposited with the clerk, other claimants have the right to file motions for disbursement. Sitting on your claim while lienholders move first reduces what you recover or cuts off your entitlement entirely. Founding partner Benjamin Haynes has handled thousands of Florida foreclosure cases over thirteen years and has helped clients recover hundreds of thousands of dollars in surplus funds. The firm handles cases statewide, with offices in Orlando, Fort Lauderdale, North Miami, West Palm Beach, Tampa, and Jacksonville, serving circuit courts across Orange, Broward, Miami-Dade, Palm Beach, Hillsborough, and Duval Counties.
Recover Your Foreclosure Surplus Funds Today!
Are you a homeowner, or heir to a deceased homeowner, who has recently lost your property to foreclosure in Florida? You may be entitled to surplus funds from the sale of your home, but navigating the legal process can be complex and overwhelming. Our experienced team of Orlando foreclosure surplus funds lawyers at Haynes Law Group can help you maximize your claim and ensure you receive the funds you deserve.
Remember, our attorneys don’t get paid unless you do! Contact us online today or call us at (888) 252-8754 and set up your no-cost consultation to discuss your case.
Who Can Claim Surplus Funds After a Florida Foreclosure?
Eligibility is broader than most former homeowners realize. Heirs inheriting from a deceased owner who lost the property to foreclosure hold the same right to pursue unclaimed foreclosure funds through the circuit court, often alongside a probate proceeding. Subordinate lienholders also have standing to claim a share of any surplus before the owner collects, which is why the firm reviews the full title history before filing, not just the foreclosure judgment and sale documents.
If you went through foreclosure defense and the property still sold at auction, surplus recovery is the next step. The process begins with a motion filed in the same circuit court where the foreclosure was heard. Haynes Law Group prepares that motion, identifies and addresses competing claimants in advance, and represents you at the disbursement hearing. The firm does not collect fees unless you do.
*Prospective clients may or may not receive similar results
FAQ: Surplus Funds Recovery in Florida
How Can I Claim Foreclosure Surplus Funds In Florida?
Claiming foreclosure surplus funds in Florida involves several steps.
- Determine Eligibility: Check the court records from the foreclosure sale to see if you are potentially entitled to the surplus funds. Eligible parties typically include the homeowner, heirs of a deceased homeowner, and potential subordinate lienholders.
- File a Motion: Once we determine eligibility, we then file a detailed motion with the court and set it for a court hearing. This motion includes case law, Florida statutes, and further argument to convince the court of entitlement.
- Consult an Attorney: Given the complexity of this process, consulting with a Florida foreclosure surplus funds attorney from the Haynes Law Group is invaluable. A Florida foreclosure surplus lawyer, not a foreclosure surplus recovery company, can help ensure all paperwork is correctly filed and represent your interests in court, which can increase the likelihood of a successful claim.
- Receive Funds: After the court approves your claim, the surplus funds will be disbursed to you. This can take several weeks, depending on the court’s schedule and the specifics of your case.
Working with the Haynes Law Group professionals helps create a smoother and more efficient process, guiding you as you pursue the surplus funds. 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 a Florida surplus funds attorney from can help move the process forward and ensure all necessary documentation is correctly filed.
How Can Haynes Law Group Help?
The process itself can be confusing, which means you should consider hiring legal counsel from an Orlando foreclosure surplus lawyer to guide you through the process. If someone misses a deadline or files paperwork with mistakes, they may be legally blocked from receiving the foreclosure surplus funds in Florida.
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.”
For a homeowner to collect these foreclosure surplus funds, they must properly notify the court within the applicable time frame to remain eligible to receive the money. Many times, second or third lienholders, often a bank or government entity, will try to collect these funds that may belong to the homeowner. This is where having an experienced Florida surplus funds attorney by your side can come into play.
When we take on a case, we review not only the foreclosure judgment and sale documents, but also the full title history to identify all junior and senior liens that may affect distribution. We then explain to you how those liens interact under Florida law so you understand what portion of the surplus may realistically come to you after valid claims are resolved. By preparing for potential objections from other lienholders in advance, we are often able to present a clear, organized argument to the court that supports your position and can help reduce delays.
Get the support you need from our skilled Florida surplus funds attorney. Reach out at (888) 252-8754 now to book your initial consultation.
Maximize Your Foreclosure Surplus Funds Claim
If you believe you are due surplus money from a foreclosure sale or you want help fighting other lienholders, call Haynes Law Group right away.
Benefits of working with our foreclosure surplus funds lawyers include:
- Thorough understanding of Florida foreclosure surplus laws
- Knowledgeable guidance in navigating the legal system
- Focus on maximizing your claim so you can pursue the highest possible funds
- Personalized attention and guidance throughout the process
- Peace of mind knowing your case is being carefully handled
Don’t miss out on the money you deserve from the home equity that you have been funding for years! Call (888) 252-8754 now to consult a surplus funds attorney.
Our Clients Share Their Stories
At Haynes Law Group, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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When it seemed hopeless, Lawyer Benjamin Haynes fought and won a $92,873.91 foreclosure surplus for our family! We approached Mr. Haynes after the foreclosure sale on our property. There was a surplus of around $93,000.00 and a second mortgage of around $170,000.00. Therefore, we thought we had no chance to collect the surplus since there was a second mortgage which takes priority over our claim, per Florida law. However, Mr. Haynes took our foreclosure surplus case and started digging very deep! Through Mr. Haynes’ extensive research, he came up with an argument and won in court! The bank didn't know what hit them! We won nearly a $93,000.00 surplus. We received the check in full the next week from the court! If you have a surplus case, you NEED to contact and hire the law firm of Haynes & de Paz. Mr. Haynes will not give up and will work to win you the surplus funds! Now, my wife and I are able to put a down payment on another property. Thank you Mr. Haynes and the law firm Haynes & de Paz!!!!!T.Y.
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I have nothing but GREAT things to say about Ben Haynes and his law firm Haynes and De Paz! I retained Mr. Haynes' services from reading the excellent reviews left by previous clients... and it was the absolute BEST decision my family and I made! Not only was he and his firm able to WIN ALL of the surplus money for us, but he was also able to WIN the case in such a short time!! His expertise should not be doubted. My family and I are more than satisfied with the outcome! A million thank-yous will never be enough, but I must say THANK-YOU! An awesome job well done!!J.C.
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Ben, I want to say thanks for the great professional service provided by you and your staff from the first call and consultation to winning my foreclosure surplus funds! You gave me great confidence that you understood the laws very well and would give me the best representation for handling my foreclosure surplus case.B.H.
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I went to Haynes Law Group on short notice, literally the day before my foreclosure case. Attorney Haynes worked with me against all odds. They were very honest as to what should be expected. They worked with us allowing us to make affordable weekly payments. They immediately got the foreclosure process halted, and worked diligently in getting the loan modification WE WANTED with even better terms than expected. Always made themselves available throughout the entire process. Thanks to Haynes Law Group we have our home. We thank you.A.R. & J.T.
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We can say without hesitation that you have exceeded our expectations, both in time and in the first class service that you offered. Even if the outcome of our case was different to what I received then my testimonial would be the same. The service and experience was exceptional. Thank you very much.Jeff & Nancy
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