Subordinate lien holders in Florida are entitled to surplus funds before a homeowner. That is, if the subordinate lien holders properly claim their surplus funds. If they do not, then a homeowner may be able to collect the full amount of the surplus funds! So, what does a homeowner need to do in order to be in a position to win over a bank? Here are some pointers on how the Haynes Law Group, P.A. often wins surplus funds for homeowners:
Experience
Nothing can replace the thousands of foreclosure cases I have handled. Not only that, but the hundreds of surplus litigation cases I have won. Often, homeowners will educate themselves on Florida foreclosure surplus laws. This isn’t a bad thing, but a homeowner simply does not have the experience in court that a top surplus lawyer has. For instance, winning foreclosure surplus funds often relies on Florida Civil Procedure. Until you experience and truly know civil procedure, most often the banks will win the surplus money.
Timing
Timing is not just filing your motion to release surplus funds after the sale. Timing is often the most critical factor and needs to be properly strategized in order to put a homeowner in position to win funds over a lien holder. During my consultations, I am able to sum up what needs to be done and when it needs to be done. It is all strategy! One missed step in the timing can cause a homeowner to lose the entire amount of surplus funds.
Final Court Date
This is the day all parties go into court and argue why they should be entitled to the surplus funds. First thing I always do, if there is a bank or HOA subordinate lien holder making a claim, is order a court reporter to appear for the hearing. I know foreclosure surplus law very well and I want the record to reflect what was said by all parties, including the judge. Having a court reporter will make sure that the judge follows the law properly. I have handled hundreds of trials and hearings. This in court experience and skill often places my clients in a better position to collect surplus funds.
These three aforementioned factors all come into play when trying to collect an owner’s claim for surplus funds in Florida.
If you have a foreclosure surplus case in Florida, call me today at 1-888-252-8754. I will give you a free consultation! I also take these cases on contingency, which means I only get paid by you if I win and collect your money from the court.
Whether you need an Orlando foreclosure surplus funds law firm, Palm Beach foreclosure surplus funds law firm, Miami foreclosure surplus funds law firm, Dade foreclosure surplus funds law firm, Fort Lauderdale foreclosure surplus funds law firm, Jacksonville foreclosure surplus funds law firm, Tampa Bay foreclosure surplus funds law firm, Clearwater Beach foreclosure surplus funds law firm, Volusia County foreclosure surplus funds law firm, Sarasota foreclosure surplus funds law firm, Fort Myers foreclosure surplus funds law firm, Okaloosa County foreclosure surplus funds law firm, Lake County foreclosure surplus funds law firm, or a Pasco County foreclosure surplus funds law firm, we will represent a homeowner in any county in Florida!