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FORECLOSURE SURPLUS

TAX DEED SURPLUS

Mortgage Foreclosure take place when the homeowners have to failed to pay the mortgage.
Foreclosure surplus is the funds remaining after payment of all disbursements required by the final judgment of foreclosure and shown on the certificate of disbursements. During the 60 days after the clerk issues a certificate of disbursements, the clerk shall hold the surplus pending a court order.

The process itself can be confusing, which means you should consider hiring legal counsel to guide you through the process. If one misses a deadline or files paperwork with mistakes, they may be legally blocked from receiving the funds!
Florida Statute 45.032 (c) states that

 

“Surplus funds are the funds remaining after payment of all disbursements required by the final judgment of foreclosure and shown on the certificate of disbursements.”

 

Florida Statute 45.032 (2) further states that: 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 after payment of subordinate lienholders who have timely filed a claim.

Tax Deed Sale take place when the homeowners have failed to pay his/her taxes. Tax Deed Surplus. In a tax deed sale, the property itself is sold. The sale which occurs through an auction has a minimum bid of the amount of back taxes owed plus interest, as well as costs associated with selling the property. Any amount bid by the winning bidder in excess of the minimum bid may or may not be remitted to the delinquent owner, depending on the jurisdiction. Also, the original owner may forfeit this excess amount if s/he does not claim it within a specified period of time.

To the extent possible, these funds will be used to satisfy in full each claimant with a senior mortgage or lien in the property before distribution of any funds to any junior mortgage or lien claimant or to the former property owner. To be considered for funds when they are distributed, you must file a notarized statement of claim with this office within 120 days of this notice. If you are a lienholder, your claim must include the particulars of your lien and the amounts currently due. Any lienholder claim that is not filed within the 120-day deadline is barred.

In order for a homeowner to collect these funds, one must properly notice the court within a specific time frame in order to be eligible to win the money. Many times, the second or third lien holders, albeit a bank or government entity, will try and collect these funds that should belong to the homeowner. This is where having a lawyer that has handled Florida foreclosure surplus cases can come into play.