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SOUTH FLORIDA REAL ESTATE LAWYERS

MOVING FOR SURPLUS AFTER A FORECLOSURE AUCTION

After the foreclosure auction, depending on how much money the successful bidder paid for the property at auction, there may exist a surplus.  Specially if the foreclosure case was initiated by the Homeowners Association or Condominium Association.

As a prior owner, you are entitled to the surplus, or monies paid over and above the amount of the judgment, if you timely file a motion for the surplus and supporting affidavits.

As a third party bidder you may also be entitled to the surplus. We have been successful in obtaining third party bidders the surplus award when we can prove there are damages to the property once taking possession.

While moving for surplus requires a proper Motion for Surplus and proper Affidavit, as well as setting for hearing, it may be tricky and if not done correctly or within the proper time frames, you may lose your ability to go after the surplus.

 

At the Law Offices of Jacqueline A. Salcines, PA we have been assisting Defendants with their foreclosure defense and third party bidders with obtaining surplus belonging to them, for over 18 years.

The Law Offices of Jacqueline Salcines offers cost effective services designed to meet your individual needs and requirements. For strong legal representation, call us at (305) 669-5280 today! Attorney Jacqueline Salcines  has been handling all types of real estate matters for over 18 years. If you have an issue with a residential lease commercial lease, landlord tenant law, real estate contract, title insurance, tax deeds, quiet title or any real estate issue, contact our probate and real estate attorney!

 Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280

Email:  J.Salcines@Salcineslaw.com

SOUTH FLORIDA REAL ESTATE LAWYERS

WRIT OF POSSESSION AFTER SUCCESFFULY WINNING AT AUCTION

If you are the successful bidder at a Florida foreclosure auction and yet, after the issuance of the Certificate of Title, the prior homeowner refuses to leave, then you must move for possession.  This is not a full blown eviction procedure. Rather, you are required to file a Motion for Writ of Possession in order to have the Judge Order the prior owner out.

This also requires a hearing before the Court.  Often, the prior homeowner will show up and complain to the Judge for mercy. The prior homeowner will tell the Judge they were negotiating a loan modification with the bank or “they have nowhere to go”.  While the Courts have mercy and sympathy for these homeowners, truth be told, by the time the property sells at the foreclosure auction, they have already been living on the property, rent and mortgage free, for numerous years. It should not be any surprise that they need to relocate.

At the Law Offices of Jacqueline A. Salcines, PA we have been assisting Defendants with their foreclosure defense and third party bidders with obtaining possession of properties rightfully belonging to them, for over 18 years.

The Law Offices of Jacqueline Salcines offers cost effective services designed to meet your individual needs and requirements. For strong legal representation, call us at (305) 669-5280 today! Attorney Jacqueline Salcines  has been handling all types of real estate matters for over 18 years. If you have an issue with a residential lease commercial lease, landlord tenant law, real estate contract, title insurance, tax deeds, quiet title or any real estate issue, contact our probate and real estate attorney!

 Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280

Email:  J.Salcines@Salcineslaw.com