After the lender (bank) or association receives a judgment in the foreclosure case and the real property is sold through a Foreclosure Sale, there could be funds remaining after payment of all disbursements as indicated on the Final Judgment of Foreclosure. Those funds are called surplus funds.

Our office is based primarily in Jacksonville, however we have agents all over who cover the entire state of Florida.

The funds we may be reaching out to you about are held in the county court registry. They are the result of an association foreclosure, a mortgage foreclosure, or a tax-deed foreclosure sale, where the amount the property sold for at auction is more than the amount it was being foreclosed on for. These are called “surplus funds”.

Leave that determination to our experts. But, if you’re not the “Owner of Record,” you may have been identified as a potential heir of the estate or the property. When someone passes away, the heirs or beneficiaries of that person have a rightful claim to excess surplus funds following the sale of that property.

When it comes to a former Homeowner filing a claim for Florida foreclosure or Tax Deed surplus funds, time is truly of the essence. If you do wait too long, it can become A LOT more difficult to recover any funds. Any funds that are unclaimed after the deadline, are turned into the Florida Department of Unclaimed Property. Claiming these funds after the court’s deadline, are a lot less streamlined and can sometimes be a lot longer of a process.

You have been identified as the appropriate party to claim these funds because property you owned has gone through a foreclosure or tax sale, or because you are an heir to property that has gone through sale.

According to Florida 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 after payment of subordinate lienholders who have timely filed a claim. Subordinate lienholder includes, but is not limited to, a subordinate mortgage, judgment, tax warrant, assessment lien, or construction lien

According to Florida 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 after payment of subordinate lienholders who have timely filed a claim. Subordinate lienholder includes, but is not limited to, a subordinate mortgage, judgment, tax warrant, assessment lien, or construction lien

Our simplified version:

Whoever legally owned the property on the date the lawsuit was filed is the party who can claim surplus funds. A lot of the time, we often see a purchaser at auction try and make a claim for surplus funds. This happens a lot when the homeowner isn’t represented by us. If nobody files an objection to this claim, a lot of judges will grant it. As a result, money that actually belongs to you (the prior homeowner) instead gets wrongfully disbursed to the new buyer of the home at auction. We can and will fight this on your behalf!

If you utilize our services through A1A Funding, you will never be expected or asked to pay anything upfront at any point. We cover all court filings & legal fees ourselves, so you never have to worry about out of pocket costs during the court claims process. We are only paid once we are able to successfully reclaim funds for you. If no funds are able to be claimed, nothing is owed to us.

Most claims are being held at the county level but the exact amount of surplus claim will not be known until all debts, claimants, and fees have been repaid.

You can call or email us. Our trained team of Specialists will reach out to you to discuss your situation and decide what the next steps will be. Once we have identified who you are and what your claim may be, we will work to create the necessary documents and Authorizations for us to start the recovery process.