Not All Florida Foreclosure Surplus Liens Are Created Equal

I think the most common misconception about Florida foreclosure surplus cases is that they are perceived to be cut and dry. In fact, I received calls just this last week from pro se former homeowners looking for help in their surplus case. Yet, when I started describing their situation, they informed me essentially that I was incorrect about the law, based upon what they have read.

I encourage people to be well informed and do their research. I do not take any offense to people telling me how they believe the law reads. My issue is that I have handled thousands of foreclosure cases in Florida, and I want people to be protected so they can collect their funds. Any advice from me is based upon all the different situations that I have seen unfold with foreclosure surplus cases. So, if you want to win your money, listen.

Not all liens are created equal. For example: just recently, we took an appeal based upon a case in Lake County where a judge stated the United States, as a lien holder, could claim the funds anytime they wanted and were not deemed to have to adhere to the 60-day rule under Florida Statute 45.031. We appealed to the 5th DCA.

At an Oral Argument in front of the 5th DCA, the court asked great questions regarding why the United States should be allowed to wait, for no good reason at all. United States vs. Summerlin was used as a crutch, which a case that essentially says that the United States cannot be held to have a state statute of limitations to bring a claim. However, we argued that the United States could still sue under the note, if they so choose.

Most lawyers, and former homeowners, look at this 60-day time limit and think there are no exceptions and that it is straight forward. It simply is not. There are numerous lien holder situations that are different based upon the type of lien, where the case is, and how the homeowner is situated.

If you have any lien holders on your property, whether superior or subordinate, call our law firm for a free consultation today. We will happily guide you in your surplus case and let you know what precautions need to be taken to win!

We will handle Florida foreclosure surplus cases in any county in Florida. Whether you need an Orlando foreclosure surplus law firm, Miami foreclosure surplus law firm, Palm Beach foreclosure surplus law firm, Orlando foreclosure surplus lawyer, Jacksonville foreclosure surplus law firm, Tampa foreclosure surplus law firm, Pinellas foreclosure surplus lawyer, Pasco county foreclosure surplus law firm, Lake county foreclosure surplus lawyer, Sarasota foreclosure surplus lawyer, or a Fort Myers foreclosure surplus lawyer. Contact the firm of Haynes & de Paz today!

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