I recently had a hearing in Miami-Dade County regarding foreclosure surplus funds. As one of the leading authorities on Florida foreclosure surplus law, I have seen pretty much any situation you can imagine. These are the facts of my most recent case:
I represented the former homeowners.
There was a subordinate-lien holder, via a mortgage.
The foreclosure sale occurred on January 5, 2018
We made a claim for the foreclosure surplus funds on January 16, 2018.
The certificate of title was issued on February 18, 2018.
The subordinate lien holder made a claim on March 26, 2018.
As many know, the current law in Florida is that a subordinate lien holder has 60 days from the day of sale to make a claim for the foreclosure surplus funds. Yet, when does the “sale” occur?
All of Florida law states that sale occurs on the day of the foreclosure auction, except one case in the second district court of appeal. In that case, the sale occurs on the day the certificate of title was issued.
Therefore, the subordinate lien holder’s lawyer claimed they were within the 60-day time period because of the certificate of title.
I rebutted this argument by clearly stating that the sale date is the auction date, and referenced the most recent 4th DCA opinion confirming such. I further elaborated on other cases in Florida and hammered home the statute.
The Judge agreed with me, and my clients are going to collect $23,000.00.
The other lawyer did a pretty good job, but he just didn’t quite know the law well enough to make his argument compelling. The point of this blog isn’t just to talk about the importance of timing in foreclosure surplus cases, but to show Floridians the difference having an extremely experienced foreclosure surplus lawyer can make.
If you have a foreclosure surplus case in Florida, please call me. I will give you a free consultation!
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!