Foreclosure Surplus
Funds Attorney Miami
Your home sold at foreclosure for more than you owed. That surplus money may belong to you — and we can help you get it.
Surplus Funds Recovery in Miami
When a property sells at a foreclosure auction for more than the total amount owed on the mortgage and fees, the excess money — called surplus funds — is held by the court clerk. Many former homeowners don't know they're entitled to these funds. Our Miami attorneys help you file a timely claim to recover every dollar you're owed from the foreclosure sale surplus.
Every year, foreclosure auctions across Miami-Dade County generate surplus funds that rightfully belong to former homeowners — but go unclaimed because those homeowners didn't know the money existed. If your property was foreclosed and sold at auction, a Miami foreclosure surplus funds lawyer can review the court records and determine whether you are owed money. The process is straightforward with legal assistance, and our attorneys handle all of it on your behalf.
Florida law gives the former property owner the first right to claim surplus funds from a foreclosure sale. However, this right is time-sensitive. Under Florida Statute § 45.032, you have only 60 days after the clerk's notice to assert your claim. After that window closes, junior lienholders — second mortgages, HOA liens, credit card judgments — can step in and claim the funds. If those creditors don't claim them, the surplus eventually escheats to the state. A Miami surplus funds attorney ensures your claim is filed correctly and on time.
The surplus funds recovery process involves filing a motion in the original foreclosure case, attending a court hearing if necessary, and demonstrating your entitlement as the former owner. Competing claimants — such as junior lienholders — may challenge your claim. Our Miami foreclosure surplus funds lawyers are experienced in these hearings and know how to establish your priority under Florida law.
There is no upfront cost for our surplus funds services — we work on a contingency basis, so you pay nothing unless we recover money for you. If you lost your home to foreclosure in Miami-Dade County, call (786) 306-7278 immediately to find out if you are owed surplus funds before the deadline passes.
Our Surplus Funds Recovery Services
Surplus Funds Claim Filing
Preparing and filing the legal claim with the court clerk to recover your surplus funds before they are distributed to subordinate lienholders.
Lien Analysis & Priority Review
Reviewing all liens on the property to determine your priority and the maximum amount recoverable.
Hearing Representation
Appearing at court hearings on your behalf to establish your entitlement to the surplus funds.
Urgent Timeline Management
There are strict deadlines to claim surplus funds. We move quickly to protect your rights.
Surplus Funds Recovery FAQs
How do I know if I have surplus funds from my foreclosure?
Check the court records for your foreclosure case in Miami-Dade County. If the property sold for more than the judgment amount plus fees, there may be surplus funds held by the clerk. We offer free consultations to review your case.
How long do I have to claim foreclosure surplus funds in Florida?
You have 60 days after the clerk publishes notice of the surplus to file a claim. After that, junior lienholders — and eventually the government — can claim the funds. Act immediately.
How much does it cost to hire a surplus funds attorney?
We typically handle surplus funds cases on a contingency basis — you pay nothing unless we recover funds for you. Our fee is a percentage of what we recover.
Ready to discuss your surplus funds recovery case?
Free, confidential consultation — no obligation.