Palm Beach County, FL — Elderly homeowners—particularly those living alone, managing health issues, or experiencing cognitive decline—are among the most vulnerable to losing surplus funds left over after a foreclosure sale. In many cases, they may not receive or fully understand court notices regarding the sale, or they lack the support system needed to take action.
When these homeowners pass away, the problem compounds. Their estates are often never formally opened, which means the legal pathway to recover funds disappears—and tens or even hundreds of thousands of dollars in equity are left unclaimed for years.
The Foreclosure Focus is sounding the alarm in Palm Beach and calling on elder law attorneys, estate planners, public guardians, and healthcare providers to proactively address this growing crisis. The organization urges professionals involved in end-of-life planning to include surplus fund evaluations as part of standard estate planning practices.
“This is a hidden loss affecting some of our most vulnerable neighbors,” said a spokesperson from The Foreclosure Focus. “Palm Beach homeowners who spent decades building equity shouldn’t lose it due to gaps in notice, isolation, or the lack of proper legal support.”
In Palm Beach County, the Clerk of Court holds surplus funds for a limited time before they are turned over to the state. Without timely claims or probate filings, these funds often become inaccessible—despite being lawfully owed to the homeowner’s heirs or estate.
To help close this gap, The Foreclosure Focus recommends:
- Incorporating surplus fund checks into estate planning and Medicaid planning conversations;
- Training care coordinators, case managers, and elder advocates to recognize potential foreclosure surplus situations;
- Educating families on how to open an estate and legally assert their claim to funds;
- Encouraging public guardians to coordinate with legal professionals when representing incapacitated seniors.
With Florida’s aging population—and the increasing number of elderly homeowners facing foreclosure due to property tax issues, HOA disputes, or reverse mortgage defaults—the risk of surplus fund loss is escalating.
The Foreclosure Focus remains committed to protecting seniors’ rights and ensuring that families don’t unknowingly walk away from what’s rightfully theirs.
