Florida Statute 45.032 (3)(a) states, “If the owner of record claims the surplus during the 60-day period and there is no subordinate lienholder, the courtshall order the clerk to deduct any applicable service charges from the surplus and pay the remainder to the owner of record.” (Emphasis added).
If you do not understand why there is a 60-day time limit on certain claims, let me explain. The Florida Legislature wanted former homeowners, who had been foreclosed on, to be able to mitigate their damages by getting any remaining surplus funds as fast as possible. Hence, if a subordinate lien holder doesn’t file for a claim within 60 days of the sale, they are not entitled to surplus funds.
What happens if there are no other subordinate lien holders? The “face” of the Complaint shows who the Defendants are in the case. When there are no other Defendants, except for the homeowner, it is assumed that there are no subordinate lien holders. Yet, many courts are still reluctant to disburse funds to a homeowner before the 60-day time period is up.
I have, on many occasions, received funds for homeowners before the 60-day time period. The above statute says, “shall”, not “may”, which means the Court must order the clerk to disburse the funds to the former homeowner if the homeowner follows the statute correctly.
If you have a foreclosure surplus funds case in Florida, contact my firm today. I will personally give you a free consultation to see how fast you may be able to get the surplus funds, and what the likelihood is of receiving said funds
I don’t get paid unless I collect for you!
If you need a North Miami Foreclosure Surplus Attorney Ft. Lauderdale Foreclosure Surplus Attorney, West Palm Beach Foreclosure Surplus Attorney, Orlando Foreclosure Surplus attorney, Tampa Foreclosure Surplus attorney, Ft. Myers Foreclosure Surplus Attorney, Sarasota Foreclosure Surplus Attorney, Pasco County Foreclosure Surplus Attorney, Lake County Foreclosure Surplus Attorney, Deland Foreclosure Surplus Lawyer, Lee County Foreclosure Surplus Attorney, Broward Foreclosure Surplus Lawyer, Palm Beach Foreclosure Surplus law firm, Miami-Dade Foreclosure Surplus Law firm, or a Jacksonville Foreclosure Surplus Lawyer, the law firm of Haynes & de Paz will represent a homeowner in any county in Florida!