Why You Should Hire a Florida Foreclosure Surplus Lawyer

I blog about Florida foreclosure surplus cases quite often. Often, I elaborate on surplus cases I have personally seen or litigated. The conclusion I always come to is this, you need to hire an experienced Florida foreclosure surplus lawyer. This week’s prime example of why: inexperience that almost cost a family $40,000.00.

Just last week, I was retained by three heirs of an estate to go after foreclosure surplus funds. As I pulled up the docket, I saw that another party had filed a Motion for Surplus funds. Upon further inquiry, I also saw that this party claiming the funds was the third-party bidder from the foreclosure sale. Upon my surprise, just 5 days later the judge entered an order granting the Motion for the third-party, without a hearing. Thus, directing the clerk to disburse the $40,000.00 to the third party who purchased this property.

This is a no-no in foreclosure surplus law.

Specifically, on June 23, 2017, the 5th DCA elaborated, “The statute governing the distribution of surplus foreclosure sale proceeds does not provide a mechanism authorizing a third-party purchaser to obtain the surplus or its benefits. See § 45.032(1)(a), Fla. Stat. (2016).


Rodriguez v. Fed. Nat'l Mortg. Ass'n, 220 So. 3d 577, 578 (Fla. Dist. Ct. App. 2017)

The estate, prior to hiring me, had, pro se, requested an “owners claim for surplus funds” from the Court. Yet, they weren’t owners of the property, and they failed to realize that the third-party had already got this Court to grant their motion.

I immediately filed a Motion to Vacate the Court’s Order. Using the above case, I enumerated why a third-party is never entitled to the surplus funds. I then reached out to the attorney for the third-party and explained the case to him. He, being a smart and reasonable lawyer, agreed that my motion should be granted. (Understand this, many lawyers think they understand this law, but without actual deepened experience, anything can happen).

This could have been a nightmare for the family. Should they have hired an inexperienced lawyer, or worse a third-party asset recovery company, that money would have most likely been long gone. Sure, they could have tried to appeal it, which is timely and expensive, but once those funds leave the clerk’s office, it is nearly impossible to see them returned. Regardless of the outcome of the appeal.

Call me now for a free consultation. I do not get paid unless I win and collect for you!

Whether you are looking for an Orlando foreclosure surplus collection lawyer, Palm Beach foreclosure surplus collection lawyer, Tampa foreclosure surplus collection lawyer, Pasco County foreclosure surplus collection lawyer, Jacksonville foreclosure surplus collection lawyer, Walton beach foreclosure surplus collection lawyer, Daytona beach foreclosure surplus collection lawyer, Miami foreclosure surplus collection lawyer, Fort Lauderdale foreclosure surplus collection lawyer, Sarasota foreclosure surplus collection lawyer, Fort Myers beach foreclosure surplus collection lawyer, Miami Beach foreclosure surplus collection lawyer, West Palm Beach foreclosure surplus collection lawyer, Kissimmee foreclosure surplus collection lawyer, Lakeland foreclosure surplus collection lawyer, Clearwater foreclosure surplus collection lawyer, Lake County foreclosure surplus collection lawyer, Brevard foreclosure surplus collection lawyer, or a Pinellas County foreclosure surplus collection lawyer, we will represent parties in any county in the state of Florida!

Categories: