Foreclosure Surplus Lawyer Ben Haynes' Advice: When Should I File My Claim for Foreclosure Surplus Funds?

Section 45.032(2)(f) of Florida Statutes states:

“ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM THE SALE, IF ANY, OTHER THAN THE PROPERTY OWNER AS OF THE DATE OF THE LIS PENDENS MUST FILE A CLAIM WITHIN 60 DAYS AFTER THE SALE.”

Florida case law has been very clear that any claims for Florida Foreclosure Surplus money must be made within the 60-day time frame. However, the statute references that this does not include a former property owner. In fact, this statute confuses many homeowners that are anxious to put forth their claim for surplus funds. Therefore, the question is, when should a former homeowner make their claim for Florida Surplus Funds?

Before I answer that loaded question, it is important to note the following. I have handled several foreclosure surplus cases all over the State of Florida. One thing is certain; each foreclosure surplus case is different.

The first thing that needs to be done in any Foreclosure Surplus Case in Florida is to review the docket and verify 1) when the certificate of title was issued; 2) if there are any subordinate lien holders; and 3) have any of the subordinate lien holders made a claim to the surplus funds. The answer to each of the above questions will determine when it is the right time for a homeowner to make a claim to their surplus funds.

There is no boiler plate answer I can, nor will, give with regards to the proper timing for a homeowner. In many instances, the homeowner’s claim for surplus funds needs to be strategically drafted and timed perfectly to ensure the best possible chance to collect the funds. This is a case-by-case basis and I urge former homeowners to consult with the Best Florida Foreclosure Surplus Lawyer they can find.

If you need to consult with a Florida Foreclosure Surplus Attorney, whether that is a Miami-Dade Foreclosure Surplus Attorney, Fort Lauderdale Foreclosure Surplus Attorney, Orlando Foreclosure Surplus Attorney, Tampa Foreclosure Surplus Attorney, Florida Foreclosure Surplus Lawyer, Daytona Beach Surplus Lawyer, Palm Beach County Surplus Law Firm, Lake County Foreclosure Surplus Lawyer, or a Jacksonville Foreclosure Surplus Lawyer, Foreclosure Surplus Lawyer Benjamin Haynes represents homeowners in Florida foreclosure surplus cases all over the State!

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