Florida's Motion for Surplus Funds: Formatting for the Win

I am often asked the following question, “what information should I put in my claim for surplus funds?” Now, I am prohibited from legally advising someone on what to put in their motion. Yet, I think it is important to note that the boiler-plate one page document that clerk of courts refers you to is generally wrong.

I have seen many former owners in Florida file the one page document and have it denied by the court. Then the former owner is in a bind for a few reasons. One, they have wasted a lot of time. In some Florida counties, it can take months to actually lock down a court hearing date. So when you have a court hearing, you want to make sure to make the most of it.

Two, now the judge is going to look at the case even closer because a claim has been denied. This sometimes can mean even more work for the homeowner in trying to meet the burden the court is requiring.

Another thing to take into consideration is this, the longer those funds are in the court registry, the more likely it is some third party, or lien holder, is going to make an attempt on them. I have seen it happen in countless cases.

When I format my owner’s motion for surplus funds, I first look back to the very beginning of the case. I pull up the foreclosure Complaint that is filed and served on the parties and dig into the pleaded facts. This serves as the foundation in the case.

Next, I review the parties to see who else is a party to the case. This will help me fashion specific arguments that I make in the motion in order to give my client the best chance to win the funds. Lastly, I review the timing of the sale, the certificate of disbursements, and the amount of the funds.

I format my motion in a way that the Judge is going to feel confident he or she is not sending the surplus funds to the wrong party. This is key. The Judge wants to know they are not going to be appealed.

I always encourage people to hire a top foreclosure surplus law firm to help them collect their funds. Here at Haynes & de Paz, I represent people on contingency. Which means I don’t get paid unless I win and collect the money for you.

Feel free to give me a call. I will personally answer.

Whether you need a Miami foreclosure surplus lawyer, Fort Lauderdale foreclosure surplus lawyer, Palm Beach foreclosure surplus lawyer, Tampa foreclosure surplus lawyer, Clearwater beach foreclosure surplus lawyer, Mount Dora foreclosure surplus lawyer, Dade city foreclosure surplus lawyer, Lake county foreclosure surplus lawyer, Tavares foreclosure surplus lawyer, Deland foreclosure surplus lawyer, Jacksonville foreclosure surplus lawyer, Saint Augustine foreclosure surplus lawyer, Sarasota foreclosure surplus attorney, Fort Myers foreclosure surplus lawyer, Destin foreclosure surplus Lawyer, Indian hills foreclosure surplus lawyer, Orlando foreclosure surplus lawyers, or a Volusia county foreclosure surplus attorney, we will represent parties in any county in the state of Florida!

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