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Get Foreclosure Action Surplus Monies Form

TO BE COMPLETED FOR EVERY SALE BY A COURT-APPOINTED REFEREE AND FILED WITH COUNTY CLERKAND CHAMBERS WITHIN 30 DAYS OF SALE FORECLOSURE ACTION SURPLUS MONIES FORM SUPREME COURT OF THE STATE OF NEW.

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How to fill out the Foreclosure Action Surplus Monies Form online

This guide provides clear instructions on how to complete the Foreclosure Action Surplus Monies Form online. Filling out this form accurately is essential for the proper processing of any surplus funds from a foreclosure sale.

Follow the steps to complete the form effectively.

  1. Click ‘Get Form’ button to obtain the Foreclosure Action Surplus Monies Form and open it in your preferred editor.
  2. Fill in the details of the plaintiff(s) and defendant(s) in the respective fields. Make sure to include the names as they appear in the legal documents.
  3. Enter the property address in the designated field. Ensure the address is complete and accurate for proper identification.
  4. Input the date of the judgment of foreclosure. This date is crucial for the processing timeline.
  5. Indicate whether there were surplus funds by checking the appropriate box. If yes, provide the amount of final judgment of foreclosure, sale price of property, upset price, and surplus amount in the specified fields.
  6. Complete the section for the Referee conducting the sale. This includes their name, telephone number, address, e-mail address, signature, and date.
  7. Next, the plaintiff's representative should fill in their name, address, e-mail address, telephone number, signature, and date in the designated section.
  8. Finally, the purchaser must complete their information, including name, address, e-mail address, telephone number, signature, and date.
  9. Once all fields are completed, you can save your changes, download, print, or share the Foreclosure Action Surplus Monies Form as needed.

Complete your documents online today for efficient processing.

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Florida Statute 45.032(3)(c) states that a year after the foreclosure sale, any surplus funds that are remaining with the clerk, will be presumed to be unclaimed property and must be reported to the Unclaimed Property Division. After that time, it becomes Unclaimed Property and can be used to help fund public schools.

In Florida, mortgage foreclosure actions are subject to a five year statute of limitations pursuant to Fla. Stat. § 95.11(2)(c). The statute of limitations begins running from the date that the cause of action accrues, which is typically the date of the borrower's default under the note or mortgage terms.

Generally, any surplus funds from a Tax Deed sale will be held for one year by the clerk of courts, and if not claimed at that time, those surplus funds will be turned over to the Florida Chief Financial Officer and go into the Florida Unclaimed Property funds (and ultimately used for the Florida Schools).

Surplus Money Proceedings Referee's report must be entered at the County Clerk. Fee is $10. Surplus monies must be deposited into court. Mail a written request, including: A listing of the title of action. The index number. What you're requesting. A self-addressed, stamped business-sized envelope.

Surplus funds are typically given to the most recent homeowner. As such, you should receive them after the foreclosure sale. However, other parties may come forward and try to claim the surplus funds.

A: You need to contact the person who conducted the sale of the property. This person may be called a Master, Special Referee, or Judge. There is a form you will need to file to claim the proceeds.

How to Claim Surplus Funds From a Foreclosure in Florida Provide Proof of Ownership. Verification of Surplus Funds. Reach out to Trustee. Submit a Claim For the Surplus Funds. Hearings and Motions.

In order to obtain this extra money, the homeowner must file a petition for surplus funds. The process is complicated and typically requires the assistance of an attorney. Homeowners in this situation are entitled to the surplus funds generated by the foreclosure process.

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