We handle mortgage foreclosure surplus cases as well as tax deed foreclosure surplus cases all over the State of Florida. I have often blogged on how there is a lack of case law for Florida mortgage foreclosure cases. Yet, the lack of case guidance in Florida for tax deed surplus is staggering.
It’s not just the case law either, but the lack of clarity on procedure on how to collect surplus funds. The most important advice I can give a former owner who thinks they may be entitled to tax deed surplus funds is this, hire a lawyer with a plethora of civil procedure experience.
I have handled literally thousands of foreclosure cases. This experience has given me a wealth of knowledge on how to handle Florida civil procedure. When it comes to a former owner having a shot to collect its tax deed foreclosure funds, this experience is critical. Here is why:
There is a subordinate lien holder, let’s say a first or second mortgage on the property. This mortgage holder receives notice of a tax deed surplus, but decides not to make a claim. Then, the former homeowner makes a claim for the excess tax deed surplus funds. You would think that because the mortgage holder failed to make a claim, and the homeowner did make a claim, that those funds should be given to the homeowner, right?
Wrong.
The clerk holding the funds will NEVER be able to give the funds to the homeowner in the above, often occurring situation. Those funds will sit there for years until a court action is brought forth.
In many situations, like the one enumerated above, the homeowner will only be able to get the funds after a lawsuit has been initiated. This will be done through an interpleader or a declaratory relief action.
If you are a former homeowner that may be entitled to tax deed surplus funds, contact my firm today. We will give you a free consultation and will only get paid if we win and collect for you!
Whether you need a Miami tax deed surplus lawyer, Fort Lauderdale tax deed surplus lawyer, Palm Beach tax deed surplus lawyer, Tampa tax deed surplus lawyer, Clearwater beach tax deed surplus lawyer, Orlando tax deed surplus lawyer, Kissimmee tax deed surplus lawyer, Lake county tax deed surplus lawyer, Tavares tax deed surplus lawyer, North Miami tax deed surplus lawyer, Jacksonville tax deed surplus lawyer, Saint Augustine tax deed surplus lawyer, Sarasota tax deed surplus attorney, Fort Myers tax deed surplus lawyer, Destin tax deed surplus Lawyer, Indian hills tax deed surplus lawyer, Orlando foreclosure surplus funds lawyer, or a Volusia county tax deed surplus attorney, we will represent parties in any county in the state of Florida!