I’ve recently had a consultation where a former Florida homeowner was contacted by a Third-Party Purchaser (the purchaser of the property at foreclosure auction) regarding the surplus funds that were available after the recent Florida foreclosure sale of the former homeowner’s Florida property. First and foremost, allow me to state that Third-Party Purchasers are not privy to any details concerning the surplus funds nor are they entitled to any portion of said funds. While it may be a nice gesture that the Third-Party Purchaser contacts the former homeowner(s) and advises them of the surplus funds available to them, it is important to note that Third-Party Purchasers have little to no rights when it comes to Florida foreclosure surplus funds and are not entitled to receive any portion of the funds to payoff the remaining liens, if any, associated with the title of the subject property.
Furthermore, 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…” Florida Statute 45.032(1)(a) defines an “’Owner of Record’ as 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.” Further supporting the fact that Third-Party Purchasers have little to no rights concerning Florida foreclosure surplus funds as they were not the owner(s) of record at the time the foreclosure action was initiated against the former homeowner(s). If you have been contacted by a Third-Party Purchaser regarding Florida foreclosure surplus funds or if a Third-Party Purchaser has filed a claim for your surplus funds, 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 recovered as well as answer any questions that you may have. If there are surplus funds to be recovered, then I will also provide you with a personalized strategy as to how we can assist you with the recovery of YOUR Florida foreclosure surplus funds.
At Haynes Law Group, P.A., we have experienced Attorneys who are well-versed in the Florida statutes governing Florida homeowners’ claims to Florida foreclosure surplus funds and have helped to recover 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.