It is unfortunate when a Florida homeowner is foreclosed on by a homeowner’s association (HOA). When this occurs, there is usually a large amount of surplus funds left over. This situation is a little bit different than a mortgage foreclosing. Here’s why:
First off, those awful surplus recovery companies salivate over HOA foreclosures in Florida. This is because there are usually a larger amount of funds to be collected than a regular mortgage foreclosure. Again, consult with a top Florida foreclosure surplus lawyer about helping you collect your foreclosure surplus funds, not a third party non-lawyer who doesn’t know foreclosure surplus law.
Second, the mortgage foreclosures generally have subordinate lien holders that may have a claim to the foreclosure surplus funds. In an HOA foreclosure, there are usually no other subordinate lien holders. That means, most of the time the homeowner will have an outright claim to the entire amount of the leftover funds. However, superior lien holders (Mortgages, etc.) are often trying to claim HOA foreclosure surplus funds as a subordinate lien holder.
Now, I am a firm believer that a subordinate lien holder refers to a lien holder with an inferior interest to that of the foreclosing plaintiff. Yet, banks all over the State of Florida have been trying to confuse the court system by claiming HOA funds when they are not in fact a subordinate lien holder.
The above is a perfect example why having an experienced Florida foreclosure surplus attorney is crucial, whether there is are foreclosure surplus funds from a mortgage foreclosure or an HOA.
If you need a Miami Foreclosure Surplus Lawyer, Ft. Lauderdale Foreclosure Surplus Attorney, West Palm Beach Foreclosure Surplus Lawyer, Orlando Foreclosure Surplus Attorney, Tampa Foreclosure Surplus Lawyer, Fort Myers Surplus Lawyer, Sarasota Foreclosure Surplus Lawyer, Pasco County Surplus Lawyer, Lake County Foreclosure Surplus Lawyer, Lakeland Foreclosure Surplus Lawyer, Lee County Foreclosure Surplus Lawyer, Broward Foreclosure Surplus Lawyer, Miami-Dade Foreclosure Surplus Attorney, or a Jacksonville Foreclosure Surplus Lawyer, the law firm of Haynes & de Paz will represent a homeowner in any county in Florida!