(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. The clerk may assist an owner of record in making a claim. An owner of record may use the following form in making a claim:
(Caption of Action)
OWNER’S CLAIM FOR
MORTGAGE FORECLOSURE SURPLUS
State of ____
County of ____
Under penalty of perjury, I (we) hereby certify that:
1. I was (we were) the owner of the following described real property in ____ County, Florida, prior to the foreclosure sale and as of the date of the filing of the lis pendens:
(Legal description of real property)
2. I (we) do not owe any money on any mortgage on the property that was foreclosed other than the one that was paid off by the foreclosure.
3. I (we) do not owe any money that is the subject of an unpaid judgment, tax warrant, condominium lien, cooperative lien, or homeowners’ association.
4. I am (we are) not currently in bankruptcy.
5. I (we) have not sold or assigned my (our) right to the mortgage surplus.
6. My (our) new address is: ____.
7. If there is more than one owner entitled to the surplus, we have agreed that the surplus should be paid ____ jointly, or to: ____, at the following address: ____.
8. I (WE) UNDERSTAND THAT I (WE) AM (ARE) NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND I (WE) DO NOT HAVE TO ASSIGN MY (OUR) RIGHTS TO ANYONE ELSE IN ORDER TO CLAIM ANY MONEY TO WHICH I (WE) MAY BE ENTITLED.
9. I (WE) UNDERSTAND THAT THIS STATEMENT IS GIVEN UNDER OATH, AND IF ANY STATEMENTS ARE UNTRUE THAT I (WE) MAY BE PROSECUTED CRIMINALLY FOR PERJURY.
Sworn to (or affirmed) and subscribed before me this ____ day of ____, (year) , by (name of person making statement) .
(Signature of Notary Public - State of Florida)
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known ____ OR Produced Identification ____
Type of Identification Produced__________
(c) If no claim is filed during the 60-day period, the clerk shall appoint a surplus trustee from a list of qualified surplus trustees as authorized in s. 45.034. Upon such appointment, the clerk shall prepare a notice of appointment of surplus trustee and shall furnish a copy to the surplus trustee. The form of the notice may be as follows:
(Caption of Action)
NOTICE OF APPOINTMENT
OF SURPLUS TRUSTEE
The undersigned clerk of the court certifies that he or she disbursed the proceeds received from the sale of the property as provided in the order or final judgment to the persons named in the certificate of disbursements, and that surplus funds of $____ remain and are subject to disbursement to the owner of record. You have been appointed as surplus trustee for the purpose of finding the owner of record in order for the clerk to disburse the surplus, after deducting costs, to the owner of record.
WITNESS my hand and the seal of the court on ____, (year) .
By (Deputy Clerk)