Helping Homeowners Reclaim Their Assets
We are an asset recovery & foreclosure assistance company that specializes in helping individuals and families get back their funds that are rightfully owed to them, known as "Surplus Funds" according to the Fla. Statutes 45.032(1) and 197.502(4)(a). By law, the amount of whatever is leftover from the foreclosure sale must be paid to the previous homeowner.
In addition, we perform an audit within the local jurisdiction records, and our local jurisdiction provides us information and updates on each claim. Our process is very simple.
We ensure legal compliance by consulting our attorneys during the claims processing. Our attorneys make sure there is no mistake when it's time to file.
We research your claim—we research and track where you might have a legitimate claim. We identify any potential liens that you might still owe to other lendersparties.
From identifying surplus funds to filing your claim—we handle everything at no upfront cost.
Step 1 - Foreclosure Sale
After your home or a deceased relative’s home has been sold in a foreclosure auction, Helping Hand Recovery has found that the sale price was higher than the amount owed. This extra money legally belongs to you!
Step 2 - Identify/Audit Process
Handing Hand Recovery identifies the funds that are currently being held in the county court registry as a result of the property going through the foreclosure sale. We audit and use land records, government databases, public records, and skip tracing tools to identify you as the rightful claimant for surplus funds. This is where we contact you.
Step 3 - Claim Submit
After a free consultation, we will send you a contract that allows us to file the claim at no cost to you. Once you’ve signed, we do all of the legwork on our end. Our attorneys will draft and file all necessary documents. Our attorneys will draft and file all necessary paperwork, notices, and motions with the county of registry or the court clerk on your behalf, ensuring everything goes smoothly.
Surplus funds can also be referred to as an “overage” or “excess funds”.
When a property goes into foreclosure, it sells at auction. The foreclosure may be an association foreclosure, a mortgage foreclosure, or a tax-deed foreclosure, for example. When the property sells, it often sells for more than the foreclosure amount. These excess funds are called a “surplus,” and these excess funds belong to the original homeowner or heirs to the original homeowner.
The Florida Legislature has been very specific in how they worded the law on who is entitled to surplus. Here is the “legalese” version our attorney uses, and below it, our version that’s easier to interpret
2021 Florida Statutes
Title VI – Civil Practice and Procedure
Chapter 45 – Civil Procedure: General Provisions
45.032—Disbursement of Surplus Funds After Judicial Sale.
Whoever owned the property on the date the lawsuit was filed is the party who can claim surplus funds. They can make that claim after any lienholders are paid what they are owed on the property. Other lienholders might be second or third mortgages, city liens (unpaid water, electricity, trash, etc.), code enforcement violations (didn’t fix something the city asked you to), UCCs (people who have a secured asset they have loaned to you like solar power on the roof, or hot water heaters, etc.) During our case review, our expert specialist will walk you through all the details of your case, including who may or may not claim surplus.
The funds we are calling you about are held at the local jurisdiction. They are the result of an association foreclosure, a mortgage foreclosure, or a tax-deed foreclosure sale, where the amount the property sold for at auction is more than the amount it was being foreclosed on for. These are called “surplus funds.”
Typically with a mortgage surplus, a motion needs to be filed with the court so that these funds can be collected. In order to do this, you can hire an attorney on your own, which is very costly—attorneys typically charge an hourly rate, which you will have to pay out-of-pocket, even if they aren’t successful. Alternatively, if you find an attorney that works on contingency, then they will charge a fee as high as 45% or more! However, be aware that some attorneys may not fully understand how to process these types of claims, which can lead to significant financial losses if not handled properly.
When the claims are more complex in nature, our attorneys need to work diligently to establish you as the rightful recipient of these funds and to ensure that the court orders a release of these funds by the agency holding them.
However, when you partner with Helping Hand Recovery, we fully cover all attorney fees and related expenses. There are zero out-of-pocket expenses that you will incur. And we work strictly on a contingency basis, so we only get paid when/if you get paid! And if we are unable to recover any funds on your behalf, then our services are 100% free of charge!