Motion to Release Foreclosure Surplus Funds

When a foreclosure sale occurs for more money than what is owed in the final judgment, there is surplus funds available. Yet, those foreclosure surplus funds will not magically be disbursed. A homeowner will often need to file a motion to release foreclosure surplus funds, or a motion to disburse foreclosure surplus funds.

Often, I am asked about what needs to be included in a motion to disburse surplus funds. The answer, unfortunately, is it depends. Every case is different and will require different language to make a legally sufficient claim to win the surplus funds.

The clerk of the court will tell homeowners that they do not need a lawyer to collect the surplus funds. The clerk will then direct the former homeowner to execute a boiler-plate affidavit to fill out and submit to the court. This is where I all too often see people mess up their foreclosure surplus recovery chances. Those affidavits are in pdf format, which does not allow you to change any of the wording. I have seen people execute this affidavit and submit to the court, only to find out the form they signed is factually false (this is perjury, too).

An owner’s claim for foreclosure surplus funds needs to fully indicate, with legal persuasion, why the person is entitled to the funds. This will require a thorough review of the court proceeding, as well as a view of the Complaint that was initially filed.

You are not required to have a lawyer to collect surplus funds. Yet, I advise you to hire an experienced Florida surplus funds lawyer to help you with your case. It makes a huge difference in your ability to collect the full amount of the surplus funds in a timely manner.

I would be happy to give you a free consultation regarding your foreclosure surplus money. If you hire me, I will not get paid unless I win and collect the funds for you. Allow me to fight for your right to collect mortgage foreclosure surplus funds.

Whether you need a Miami owner’s claim for surplus funds, Orlando owner’s claim for surplus funds, Tampa owner’s claim for surplus funds, Jacksonville owner’s claim for surplus funds, Palm Beach owner’s claim for surplus funds, Fort Lauderdale owner’s claim for surplus funds, Fort Myers owner’s claim for surplus funds, Sarasota owner’s claim for surplus funds, Daytona Beach owner’s claim for surplus funds, Melbourne owner’s claim for surplus funds, or a Pasco owner’s claim for surplus funds, we will represent former homeowners in any county in Florida!

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