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Surplus funds scams in Florida: red flags and how to protect yourself

Most people who contact you about Florida surplus funds are not scammers, but some are. Six red flags to watch for, what Florida law requires of people who take your surplus rights, and how to check any claim yourself.

Opened envelope and letter on a wooden desk next to a magnifying glass and a phone

If you lost a property at a foreclosure or tax deed sale, you may start getting letters about money left over from the sale. Florida allows lawyers and some recovery companies to reach out, and many do honest work. The field also attracts people who take advantage of families during a hard time.

Here is how to tell the difference.

Six red flags

  1. They want money upfront. A legitimate firm working on contingency is paid only from money that is actually recovered.
  2. They want your deed. Signing over your property or a deed is not part of claiming surplus. Be very cautious with any paper that transfers title.
  3. They promise an exact amount before checking the court file. The amount comes from the clerk's records, and liens can reduce it.
  4. They rush you. Pressure to sign today, by phone, without time to read, is a warning sign.
  5. They will not tell you who they are. You should get a full name, a business address, and a way to check their license or registration.
  6. They ask for bank logins or want the check sent to them. Ask exactly who the clerk or the state will pay, and how.

What Florida law already requires

Florida builds several protections into its surplus laws:

  • Homestead foreclosure judgments must tell owners, under section 45.031(1)(b), that they may claim the funds themselves, are not required to have a lawyer or other representation, and do not have to assign their rights to anyone.
  • Assignments of foreclosure surplus must meet section 45.033(3). That means a written instrument with financial disclosures, a statement that the owner does not require a representative, and every form of payment listed. It also caps what an assignee may receive.
  • State-held unclaimed property agreements must use the state's required form under section 717.135, which discloses the fees, the net amount you would receive, and the representative's license number. The law also caps total fees.

If someone hands you paperwork that leaves these items out, slow down.

How to check any letter yourself

  • Call the clerk of court in the county where the property was located. Ask whether surplus is being held and whether anyone has filed a claim.
  • Search your name at Claim Your Cash Florida, the state's official unclaimed property site.
  • If the letter is from a law firm, look up the attorney with The Florida Bar.
  • Ask for the case number and compare it with the clerk's records.

Got a letter from us?

Every letter from Cohen Asset Recovery, A Law Firm is printed on our letterhead and lists our phone number, (800) 583-0551. We will never ask for an upfront fee, your deed, or your bank login. If you want to confirm a letter is really from us, call us or start a free case review and mention the name on the letter.

You can file on your own

Florida lets owners file many surplus claims directly with the clerk. If yours is simple, you may not need help. Complicated claim? A Florida law firm can handle it for you.

Call (800) 583-0551 or start a free case review. No fee unless we recover money for you.

Related service: Recovery Basics

Attorney advertising. This article is general information about Florida law, not legal advice, and reading it does not create an attorney-client relationship. Statutes change, so check the current text or talk with a Florida attorney about your situation. You can file a claim yourself at no cost.

Think money may be waiting for you?

Call (800) 583-0551 or start a free case review. A licensed Florida attorney reviews every submission. No fee unless we recover money for you.

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