Lately, I’ve had several consultations with prospective clients who are looking to file a claim to recover Florida foreclosure surplus funds; but they are the relative of the former homeowner — who has unfortunately passed away. Recovering Florida foreclosure surplus funds for the Heirs of an Estate, or relatives, is possible, but it can become very complicated especially if there is no Will or a proper probate completed. If there is a Will and/or probate completed, then the recovery process becomes simpler.
If there is no Will or probate completed for a deceased party, then it can complicate the surplus funds recovery process in that we will need to identify all the potential Heirs (if any) that are entitled to filing a claim for a portion of said foreclosure surplus funds. Once the Heirs (again, if any) have been identified an agreement as to how the surplus funds are to be disbursed should be worked out. Once an agreement is in place, a claim for the entirety of the surplus funds can be filed with the Court and said funds can be disbursed/distributed accordingly. However, if the Heirs are not in agreement and instead file competing claims, then it is possible that the Court will require what is known as an Evidentiary Hearing. Should the Court require an Evidentiary Hearing this will prolong the surplus funds recovery process as we would need to schedule said hearing according to the Judge’s availability (which can be several weeks or even months down the road). Therefore, I always recommend that if there are multiple Heirs looking to file their own claim for the surplus funds that they work together to find common ground prior and file only one claim for said Florida foreclosure surplus funds instead of multiple separate claims.
Moreover, if there is a Will and a probate that has been completed, then the claim filing process will be a lot smoother (especially if there are multiple Heirs of an Estate involved). The reason why it is simpler (if there are multiple Heirs involved) is due to the assets of the Estate being ordered by the Probate Court to be divided and/or distributed amongst each other accordingly. As such, this limits the Heirs from arguing or having to come to an agreement as to how the surplus funds should be distributed amongst each other. As you can see, this is why I always recommend that a relative, or Heir of an Estate, who is seeking to recover Florida foreclosure surplus funds on behalf of a deceased former homeowner consult with an experienced Florida foreclosure surplus funds recovery attorney.
If you are reading this as a relative and/or Heir to an Estate of a deceased Florida homeowner whose home has been sold at a Florida foreclosure auction and would like to know if there are surplus funds available for you to claim, then please give me a call and I will personally give you a free consultation. During our consultation, I will confirm whether there are surplus funds available to be claimed as well as answer any questions that you may have. If there are surplus funds available to be claimed, then I will also provide you with a personalized strategy as to how we can assist you with the filing of your claim. If you have been contacted by “Third-Party Surplus Funds Recovery Companies,” then I highly recommend that you consult with an experienced Florida surplus funds recovery attorney right away; and DO NOT sign anything!
At Haynes Law Group, P.A., we have experienced Attorneys who are well-versed in the Florida statutes governing former Florida Homeowners’ claims to Florida foreclosure surplus funds and have helped to claim millions of dollars for our clients. We represent clients all over the state of Florida no matter which county they are in and will work tirelessly to ensure that you receive the Gold Standard of Legal Service.