Florida's 60-Day Timeline to Claim Foreclosure Surplus Funds Becoming More Clear

On April 27, 2017, I wrote a blog that explained the conflict in Florida regarding when the 60 day time line to claim surplus funds starts. Is it at the sale or at the issuance of the certificate of title?

Under section 45.031(7)(b), Florida Statutes (2015), any person claiming a right to surplus funds must file a claim with the clerk of court within sixty days of the foreclosure sale.

The issue started when the Straub v. Wells Fargo Bank, N.A., 182 So. 3d 878, 881 (Fla. 4th DCA 2016) court held that a foreclosure “sale” doesn’t take place until the issuance of the certificate of title. Which is anything but the plain meaning of the statute.

Every other case in Florida has clearly indicated that the 60 day window to make a claim for foreclosure surplus funds starts at the day of the sale, not the title issuance.

On June 13, 2018, the District Court of Appeal of Florida, Third District, came out with a decision in Eduartez v. FNMA, 2018 WL 2944776, which held that the Straub court got it wrong. Meaning, the 60 day timeline starts from the day of the sale, and not the day of the title being issued.

If you have a foreclosure surplus case, call my firm to get a free consultation. Experience is KEY in collecting surplus funds in Florida. I will not charge you anything unless I win AND collect for you.

Whether you need a Miami foreclosure surplus funds lawyer, Fort Lauderdale foreclosure surplus funds lawyer, Palm Beach foreclosure surplus funds lawyer, Tampa foreclosure surplus funds lawyer, Daytona beach foreclosure surplus funds lawyer, Kissimmee foreclosure surplus funds lawyer, Brevard County foreclosure surplus lawyer, Lake county foreclosure surplus lawyer, Winter Park foreclosure surplus lawyer, North Miami Beach foreclosure surplus lawyer, Jacksonville foreclosure surplus lawyer, Lee County foreclosure surplus lawyer, Sarasota foreclosure surplus funds lawyer, Marion County foreclosure surplus lawyer, Bay County foreclosure surplus Lawyer, Indian hills foreclosure surplus lawyer, Orlando foreclosure surplus lawyers, or Orange county foreclosure surplus attorney, we will represent parties in any county in the state of Florida!

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