Know Your Rights

Don't be Overcharged for this Service

The State of Florida prohibits third-party companies recovering a surplus to charge clients more that 12%, otherwise it can be claimed that the company was not acting "in good faith".


If you hire an Attorney/Law Firm directly, their fees may result in a higher cost to you, even up to 30%, because their relationship with you for direct representation is different than the relationship you would have with a surplus recovery agent. 


Be sure before signing ANY contract for surplus recovery you know what you're being charged. Remember these are funds that YOU are entitled to, don't let someone take more than absolutely necessary.

Proper Contract

One of the biggest things to look out for anytime you're signing a contract is THE WORDING. This may seem obvious, but many surplus companies with ill-intent tend to exploit the power of a contract. They can do this by leaving out CRUCIAL wording and by neglecting to specify how much you are entitled to receive.


A shady company counts on the client not knowing what to look for, so consider having your surplus recovery contract reviewed by an attorney, and make sure it's clearly stated in the contract how much you will recieve.


You'll never have to worry about this when contracting with us. All of our contracts are carefully drafted by our attorney in compliance with the law.

Legal Representation

Although Florida statutes allow that a homeowner may claim their surplus without hiring someone to make the claim for them, it may be difficult for the homeowner to navigate the legal process. The process can be tedious and very specific, and one mistake could cost you your entire claim.


In many cases, there may be lein-holders and other claimants represented by attorneys requesting the funds.


As much as you have the right to represent yourself, without proper legal representation throughout the claims process, your claim may not go smoothly and successfully. 

Understanding what this all means

You have the right to fully understand the situation you are in, what it means for you, the process of recovering surplus funds, and to remain updated throughout the claims process.


Many surplus recovery companies don't keep you updated throughout the process because it is not a legal requirement. Many people don't fully understand their rights under the circumstances or what's being done to help them.


We firmly believe that each and every client should fully understand what a surplus is and why it's owed to them, and they should remain updated on the progress of the claim each step of the way.

Relevant FL Statutes

Chapter 45 Section 032 - 2018 Florida Statutes

45.032 Disbursement of surplus funds after judicial sale.— ... 

(b) “Subordinate lienholder” means the holder of a subordinate lien shown on the face of the pleadings as an encumbrance on the property. The lien held by the party filing the foreclosure lawsuit is not a subordinate lien. A subordinate lienholder includes, but is not limited to, a subordinate mortgage, judgment, tax warrant, assessment lien, or construction lien. However, the holder of a subordinate lien shall not be deemed a subordinate lienholder if the holder was paid in full from the proceeds of the sale.

(c) “Surplus funds” or “surplus” means the funds remaining after payment of all disbursements required by the final judgment of foreclosure and shown on the certificate of disbursements.

Chapter 45 Section 032 - 2018 Florida Statutes

45.032 Disbursement of surplus funds after judicial sale.— ... 

(3) During the 60 days after the clerk issues a certificate of disbursements, the clerk shall hold the surplus pending a court order.

(a) If the owner of record claims the surplus during the 60-day period and there is no subordinate lienholder, the court shall order the clerk to deduct any applicable service charges from the surplus and pay the remainder to the owner of record. The clerk may establish a reasonable requirement that the owner of record prove his or her identity before receiving the disbursement.