FAQs

Surplus occur when a property is sold for more than what is owed at the auction during a foreclosure.

You have been identified as the rightful claimant of these funds because a property you owned went through a foreclosure or tax sale, or because you are an heir to such a property. Or it may be the case that you were a debtor or a creditor in a bankruptcy case. After the full administration of a bankruptcy case and the lawful accounting of funds under the trustee’s control, any remaining funds rightfully belong to the debtor, and checks are mailed to creditors to the last known address.  If the debtor or creditor cannot be located or fails to deposit their checks within 90 days, the funds remain in the court registry. Similarly, if an individual forgets about an asset such as a bank account, the funds are eventually transferred to the state after a period of inactivity. The owner or the owner’s heirs are entitled to claim those funds.

The funds we are calling about are held in court and state registries. They result from an association foreclosure, a mortgage foreclosure, or a tax-deed foreclosure sale, where the property sold at auction for more than the foreclosure amount. Unclaimed funds, such as bank accounts or other assets, were transferred to the state because they were considered dormant or abandoned.

No! If the mortgage wasn't included in the foreclosure case, they can't claim the surplus. Even if they were the plaintiff, they're ineligible to claim it because they were fully paid from the sale proceeds. Their senior lien remains on the property if not named in the foreclosure. The buyer at auction assumes responsibility for the mortgage. Therefore, you're free to have us claim the funds for you.

Typically, a motion must be filed with the court to collect these funds. You can choose to hire an attorney, but this can be costly as attorneys usually charge hourly rates, which you must pay regardless of the outcome.

When claims are more complex, our attorneys diligently work to establish you as the rightful recipient of these funds and ensure the court orders their release from the holding agency.

You won't incur any out-of-pocket expenses. We operate strictly on a contingency basis, meaning we only receive payment when you receive payment. If we are unable to recover any funds for you, our services are completely free of charge!

After one year, the funds from your foreclosure sale are transferred to the Florida treasury. While they can still be claimed from there, the process becomes more complex and time-consuming. Therefore, it is crucial to collect them within one year.

The primary concern is not losing the funds to the county or state treasury. Rather, there are individuals who monitor these cases, and if a claim is not filed promptly within the first few months, they may attempt fraudulent actions to claim the funds for themselves. This could include forging signatures on documents in an effort to secure the funds.

In the case of a bankruptcy refund claim, the funds may be available longer than a year.

If you choose Claim Your Funds LLC, you won't be required to pay any costs upfront. Claim Your Funds LLC covers all expenses and fees necessary to process your claim. Our payment is contingent on successfully securing the funds for you, and this arrangement will be clearly outlined in our agreement with you.

You might be entitled to a refund once the action is complete. If all options are exhausted and you are unable to refinance, we will help you get the process started by gathering the necessary documents. We’ll assist you every step of the way to ensure we recover any funds you’re entitled to after the auction. This could be a significant amount of money, and we want to ensure you receive it promptly