If a purchase at a Florida foreclosure sale pays more than the judgment amount, there are surplus proceeds held by the Clerk of Court. There is a Florida law, Florida Statute 45.032, that governs how the surplus proceeds are to be disbursed. An important change has been made to this law that you should be aware of.
The law no longer requires that junior lienholders, such as a second mortgage holder, file a claim to the surplus within 60 calendar days from the date of the certificate of disbursements. Instead, the claim just now be filed before the surplus proceeds are reported by the Clerk of Court as unclaimed. This will typically happen one year from the date of the foreclosure sale.
The same deadline now applies to a surplus claim brought by the owner of the home that was foreclosed on.
Ryan C. Torrens, Esq.
Consumer litigation attorney