Today, we will be discussing why you should contact an experienced Attorney regarding your Florida foreclosure surplus funds; especially if you are contacted by a Third-Party Surplus Funds Recovery company.
If you have been notified that there are surplus funds available to be claimed after the recent Florida foreclosure sale of your Florida property, then contacting an experienced Florida surplus funds recovery attorney to understand your rights is imperative. The reasoning behind this is because there are many Third-Party Surplus Funds Recovery companies out there who will stop at nothing to get you to hire them to recover your funds without fully advising you what you are entitled to. Not to mention these companies will charge over-the-top fees to recover your funds leaving you, the former homeowner, with little to nothing.
According to Fla. Statute 45.032(2) “there is established a rebuttable legal presumption that the owner of record on the date of the filing of a lis pendens is the person entitled to surplus funds…” The “owner of record,” according to the same statute mentioned previously, “means the person or persons who appear to be owners of the property that is the subject of the foreclosure proceeding on the date of the filing of the lis pendens.” Therefore, you as the former homeowner are entitled to the surplus funds that are available to be claimed. However, if you hire a Third-Party Surplus Funds Recovery Company to recover your funds; then they will require you sign what is known as an Assignment of Interest that assigns your right to the surplus funds over to them for recovery. This is why I always recommend that you consult with an experienced foreclosure surplus funds recovery attorney right away and that you do not sign anything until you do.
Moreover, by consulting with an attorney you will be able to learn about and understand your rights to the surplus funds as well as the surplus recovery process. Additionally, should you decide to hire said attorney you can rest assured that the attorney is representing your best interests as they are bound by a code of ethics set forth by the Florida Bar. Should the attorney not represent your best interests, then a complaint can be filed against them with the Florida Bar which can lead to their public reprimand, fines/sanctions, and/or revocation of their license to practice law in the state of Florida.
If you are reading this as a former Florida Homeowner whose home has recently 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.
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 former Florida homeowners. We represent former Homeowners 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.