During my consultations with former Florida Homeowners, whom have recently had their home sold at a Florida foreclosure sale, I am often asked how I am able to locate whether, or not, there are surplus funds available for them to claim. The answer to this is simple, after the conclusion of a Florida foreclosure sale the Clerk of Court, in the county that the foreclosure sale took place, is responsible for filing & distributing three (3) certificates to all parties of the foreclosure action confirming that said sale took place. These certificates are as followed:
- Certificate of Sale
- Certificate of Title
- Certificate of Disbursements
The Clerk of Court’s Certificate of Disbursements is my top tool in determining whether, or not, there are surplus funds available after the Florida foreclosure sale of a Homeowner’s property. According to Fla. Statute 45.031(7)(b) “The Certificate of Disbursements shall be in substantially the following form:
CERTIFICATE OF DISBURSEMENTS
The undersigned clerk of the court certifies that he or she disbursed the proceeds received from the sale of the property as provided in the order or final judgment to the persons and in the amounts as follows:
Name Amount
Total disbursements: $
Surplus retained by clerk, if any: $
IF YOU ARE A PERSON CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN THE DATE THAT THE CLERK REPORTS THE FUNDS AS UNCLAIMED. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. AFTER THE FUNDS ARE REPORTED AS UNCLAIMED, ONLY THE OWNER OF RECORD AS OF THE DATE OF THE LIS PENDENS MAY CLAIM THE SURPLUS.
WITNESS my hand and the seal of the court on , (year) .
(Clerk)
By (Deputy Clerk) “
As you can see in the above example the surplus funds, if any, are clearly reflected in the Clerk of Court’s Certificate of Disbursements. However, it is important to note that not all Florida foreclosure sales will result in a surplus of funds. The main cause of this is due to the fact that there were not enough proceeds resulting from said sale to cover the amounts owed to the Plaintiff as reflected in the Final Judgment from the former Homeowner’s foreclosure court case.
If you are a former Florida Homeowner, whose property has been sold at a Florida foreclosure sale, and are still unsure whether you have surplus funds available to be claimed, please give me a call and I will personally give you a free consultation! During our consultation I will confirm whether, or not, you have surplus funds available to be claimed and will also discuss how we can assist you in filing your claim for said surplus funds. When a former Florida Homeowner is considering filing their claim for Florida foreclosure surplus funds I strongly advise that they consult with an experienced Florida foreclosure Surplus Funds Recovery Attorney as these claims can become tricky, especially if there are “Subordinate Lienholders” involved.
At Haynes Law Group, P.A., we have experienced Attorneys who are well versed in the Florida Statutes governing former Florida Homeowners claims to mortgage foreclosure surplus funds, and have helped to claim hundreds of thousands of dollars for former Florida Homeowners. We represent former Homeowners all over the state of Florida, no matter what county they are in, and will work tirelessly to ensure that you receive the Gold Standard of Legal Service. Best of all, we represent our Clients on contingency which means we don’t get paid unless you do!