Some people ask me when they should file for their surplus funds in Florida. The answer all depends on the facts of your case.
If there is a subordinate lien holder, I usually will wait to file my motion. This is because Florida law gives subordinate lien holders a specific time frame to file their claim for the funds. If they fail to make their claim within the allotted time period, they will not be able to collect. Therefore, why bring the surplus funds to their attention by serving them with a motion?
However, in many instances, I file the motion to disburse the surplus funds right away. This is for a few reasons:
- If I file first, I am able to establish our standing in the case and also lay out the legal foundation that often will keep (scare) away any third party recovery surplus companies from falsely make a claim. This strategy will often keep the Plaintiff from making a bogus claim for additional costs post judgment, too.
- I often am able to recover surplus funds without having to wait the full 60 days. In fact, I have recovered surplus funds as fast as a week after the foreclosure sale occurred! Many people and lawyers are unable to accomplish this due to their lack of experience. Florida law, in some instances, provides a mechanism for quick distribution of surplus funds.
Florida foreclosure surplus law is anything but straightforward. This is why I aggressively encourage a former Florida owner to contact a top foreclosure surplus lawyer to give them a free consultation. Every single case is different. Every single case needs its own specific strategy.
Call me today. I will personally answer and give you a free consultation. If you hire me, you don’t have to pay me anything up front, but only if I win the case and collect the funds for you!
If you need a North Miami Foreclosure Surplus Lawyer, Ft. Lauderdale Foreclosure Surplus Lawyer, West Palm Beach Foreclosure Surplus Lawyer, Orlando Foreclosure Surplus Law Firm Tampa Foreclosure Surplus Lawyer, Ft. Myers Foreclosure Surplus Lawyer, Sarasota Foreclosure Surplus Lawyer, Pasco County Foreclosure Surplus Lawyer, Lake County Foreclosure Surplus Lawyer, Lakeland Foreclosure Surplus Lawyer, Lee County Foreclosure Surplus Lawyer, Broward Foreclosure Surplus Lawyer, Palm Beach Foreclosure Surplus Attorney, 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!