User Agreement

Awesome Money Recovery Midland, TX

Questions

Awesome Money Recovery Midland, TX

You have questions, we have answers

I. Introduction

awesome money recovery starts every new User relationship with a contract. The contract spells out what you can expect from us, and what we expect from you. We do not know each User personally, so it is important to set out the ground rules clearly in advance.

If you agree to this contract, welcome to our system!

If you have any questions about any part of the contract, please contact us about it! We will be glad to explain why these contract provisions are important for our process. We would like to work with you on making changes if you can show us a better approach.

Please remember that until there is an agreement in place, you will not receive our services.

In this agreement, we have referred to the website and services provided by awesome money recovery as the “Service”, to you as the “User” and to this contract as the “Agreement”.

II. Relationship Between awesome money recovery And User

awesome money recovery is an asset recovery firm that facilitates the process of retrieving surplus funds for users. awesome money recovery does not guarantee that Users will be eligible for surplus funds, nor does awesome money recovery guarantee that they will be able to recover surplus funds for the User as a result of using the service.

Disclaimer of attorney-client relationship

Any form of use of the Service by a subscribing member or potential client is not intended to and will not create an attorney-client relationship between any person or entity and awesome money recovery. Any electronic communication sent to awesome money recovery will not create an attorney-client relationship between the User and awesome money recovery, such being expressly denied.

awesome money recovery Does not provide legal advice awesome money recovery is not a law firm. awesome money recovery offers no legal advice, recommendations, mediation, or counseling under any circumstance.

III. Confidentiality

awesome money recovery makes every effort to maintain the confidentiality of any information submitted by Users to our System and our database of members. However, because awesome money recovery cannot control the conduct of others, we cannot guarantee that this information will remain confidential. Please use caution in deciding what information to input into the System. Do not make any confessions or admissions. Do not use proper names or addresses. Do not provide any other highly personal, sensitive, or incriminating information. awesome money recovery is not responsible for the release or improper use of such information by other Users or any release due to error or failure in the System.

IV. Indemnification

The User agrees that awesome money recovery is not responsible for any harm that this service may cause. The User agrees to indemnify, defend, and hold awesome money recovery harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the Service. The User agrees that this defense and indemnity shall also apply to any breach by the User of the Agreement or the foregoing representations, warranties and covenants. The User further agrees that this defense and indemnity shall include without limitation attorney fees and costs. The User also agrees that this defense and indemnity shall apply to awesome money recovery its affiliates, directors, officers and employees.

awesome money recovery reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the User shall not in any event settle any matter without the written consent of awesome money recovery.

V. Communications and Other Data

awesome money recovery is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other reasons.

VI. Other Rights of
awesome money recovery awesome money recovery also reserves the following rights:

to release current or past User information, pursuant to the terms of the Privacy Policy, in the event awesome money recovery believes that accounts are in violation of the terms of service or page content guidelines, used to commit unlawful acts, if the information is subpoenaed, and/or if awesome money recovery deems it necessary and/or appropriate.

to deny service to offenders of these guidelines or the Agreement to terminate or deny service to anyone for any reason or no reason

VII. Modifications to Terms of Service

awesome money recovery may change the Agreement at any time. The changes will be made available on the website. The user will be responsible for reading and complying with the new terms and conditions. Continued use of the service will indicate acceptance of the new terms and conditions.

VIII. Proprietary Rights of awesome money recovery

awesome money recovery owns certain things on this system, including the ‘look and feel’ of the system, the name of the system, and the collective work copyright in sequences of public messages on the system. Users cannot reproduce any message thread from the system, either electronically or in print, without awesome money recovery permission and the permission of all participants in the thread. This is not a complete list — other things on the system are also property of awesome money recovery .

Contact

awesome money recovery before copying anything from the system with plans of reproducing it or distributing it.

The User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design, or other material contained in the Service or information presented through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The User acknowledges and agrees that the User is permitted to use this material and information only as expressly authorized by awesome money recovery or its Sponsors, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. The User acknowledges and agrees that
awesome money recovery can display images and text throughout the Service.

IX. Disclaimer of Warranties and Limitation of Liability

A great danger for awesome money recovery, and for all operators of online systems, is that we might be held accountable for the wrongful actions of our Users. If one User libels another User, the injured User might blame us, even though the first User was really at fault. If a User uploads a program with a computer virus, and the other Users’ computers are damaged, we might be blamed even though a User left the virus on our System. If a User transmits illegal or improper information to another User, we might be blamed even though we did nothing more than unknowingly carry the message from one User to another. Accordingly, we need all Users to accept responsibility for their own acts, and to accept that an act by another User that damages them must not be blamed on us, but only on the other User.

Although it is the goal of awesome money recovery to provide Users with a reliable, quality system, we may make mistakes or experience system failure or procedural difficulties from time to time. Such problems are inevitable in operating a system and procedure as complex as this one. We would not be able to make this system and general service available to Users if we had to accept blame or financial liability for any mistakes or damages of any kind. In order to continue offering and improving our service,
awesome money recovery must deny any warranties on this service and insure that our liability for any problems connected with the use of our system is strictly limited.

These needs are accomplished by the following disclaimers:

Disclaimer of Warranties

The user expressly agrees that use of the service is at the user’s sole risk. The service is provided on an “as is” and “as available” basis.
awesome money recovery expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
awesome money recovery makes no warranty that the service will meet user’s requirements, that the service will be uninterrupted, timely, secure, or error-free; nor does

ewesome money recovery make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects will be corrected.
awesome money recovery makes no warranty regarding any goods or services purchased or information obtained through the service or any transactions entered into through the service.

No advice or information, whether oral or written, obtained by the user from awesome money recovery shall create any warranty not expressly stated herein.

Limitation of Liability

The user agrees that awesome money recovery shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the service or resulting from unauthorized access to or alteration of user’s transmissions or data, including, but not limited to damages for loss of profits, use, data or other intangibles, even if awesome money recovery has been advised of the possibility of such damages. The user further agrees that awesome money recovery shall not be liable for any damages arising from interruption, suspension or termination of service, including, but not limited to, direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.

X. Arbitration

Any controversy or claim arising out of or relating to this Agreement or awesome money recovery services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the County of Midland, Texas, and judgment on the arbitration award may be entered by any court having jurisdiction thereof. Either the User or awesome money recovery awesome money recovery may seek any interim or preliminary relief from a court of competent jurisdiction in the County of Midland, Texas, necessary to protect the rights or property of the User or awesome money recovery pending the completion of arbitration. This arbitration clause does not prohibit either awesome money recovery or the User from seeking to have the arbitration dismissed or judicially terminated on the basis the claims in arbitration action fail to provide a legal basis upon which a claim for relief may be granted. Any motion or action to dismiss must be filed in a court of general jurisdiction within the County of Midland, Texas.

XI. General

This agreement incorporates by reference our Privacy Policy and any notice by awesome money recovery contained in any of the Web site pages and constitutes the entire understanding between the User and awesome money recovery regarding the User’s relationship to our Service.

Users can reach our Service from all fifty states and around the world. Each of these places has a different set of laws. Since awesome money recovery cannot keep track of all these laws and their requirements, the Agreement and the relationship between the User and awesome money recovery shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.

If awesome money recovery fails to exercise or enforce any right or provision of this Agreement, that failure shall not be used to prove that awesome money recovery has waived the right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Agreement remain in full force and effect. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

We appreciate your interest and support and we welcome you to our community!

Frequently Asked Questions

Maybe you have a few questions. That’s okay; most people do. So here’s a quick collection of some of the questions people ask us… along with our answers. If you still have a question, don’t hesitate to contact us (or give us a call) and we’ll be happy to answer it for you.

What are surplus funds?

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. In any case, when the property sells, it often times will sell for more than the amount for which it was being foreclosed on. These excess funds are called a “surplus”, and these excess funds belong to the original home-owner, or heirs to the original home-owner!

Why would there be funds owed to me?

You have been identified as the appropriate party to claim these funds because property you owned has gone through a foreclosure or tax sale, or because you are an heir to property that has gone through sale.

Where are the funds from?

The funds we are calling you about are held in the county court registry. 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”.

Who can claim surplus funds?

The Legislature in the State of Florida 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 interpret2021 Florida StatutesTitle VI – Civil Practice and ProcedureChapter 45 – Civil Procedure: General Provisions45.032 – Disbursement of Surplus Funds After Judicial Sale.There is established a rebuttable legal presumption that the owner of record on the date of the filing of a lis pendens is the person entitled to surplus funds after payment of subordinate lienholders who have timely filed a claim. It is the intent of the Legislature to abrogate the common law rule that surplus proceeds in a foreclosure case are the property of the owner of the property on the date of the foreclosure sale. Owner of record” means the person or persons who appear to be owners of the property that is the subject of the foreclosure proceeding on the date of the filing of the lis pendens. In determining an owner of record, a person need not perform a title search and examination but may rely on the plaintiff’s allegation of ownership in the complaint when determining the owner of record. 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.Our version: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 and who may or may not claim surplus.A lot of times, we see the investor or purchaser at auction try and make a claim for surplus funds. This happens a lot when the homeowner isn’t represented by us. If nobody files an objection to this claim, a lot of judges will grant it. As a result, money that actually belongs to you (the prior homeowner) instead gets wrongfully disbursed to the new buyer of the home at auction. We can and will fight this on your behalf!

I am not the owner of record, why can I claim the funds?

If you aren’t the owner of record, you’ve been identified as an heir to that person. When someone who owns property passes away, and their property goes through foreclosure, the “heirs” of that person are the rightful party to claim surplus.Sometimes it’s as simple as a spouse’s property, or your parents. However, in the state of Florida if someone dies without a will they died “intestate”, and so there is a predefined set of rules on who are the heirs. Your account specialist will walk you through how exactly you are entitled to the funds, but rest assured we are experts in this and have identified you as the right party!

Can my mortgage claim my surplus funds or come after me if I claim surplus funds?

The short answer is, No!

If the mortgage was not named in the foreclosure case, they cannot claim surplus. Even if they are the plaintiff, they can’t claim surplus because they were paid in full from the proceeds of the sale. If they are not named, the reason why they cannot claim surplus is that they still have their “senior” lien on the property; they weren’t “foreclosed”. The person who bought it at auction bought the property with that mortgage still on the property, and so that new property owner is now responsible for that mortgage. In other words, you are in the clear to have us claim the funds on your behalf.

Can I collect these funds on my own?

Typically, 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 30% or more!

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.

By working with xAwesome Money Recovery, all of the attorney’s fees and related expenses are completely covered by us. 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 not able to recover any funds on your behalf, then our services are 100% free of charge!

How much time do I have to collect these funds?

After one year, the funds from your foreclosure sale are sent to the Florida treasury. They can still be claimed from there but that process is much more complex and takes significantly longer, so we really need to collect them before one year.

The biggest problem isn’t the funds being lost to the county or state, but there are people who watch these cases and if someone doesn’t file for the funds within the first few months they will fraudulently try and collect the funds for themselves. They might even try and sign your name on certain papers in an attempt to claim the funds.

We have worked with homeowners in the past who were victims of fraud and we were able to defeat those fraudulent claims and get the funds disbursed to the homeowners correctly.

Will I pay anything upfront to claim these funds?

If you utilize xAwesome Money Recovery services, we will never ask you to pay us a dollar out of your pocket. xAwesome Money Recovery will advance any and all costs and fees in order to process your claim. We only are paid on the back-end once we have secured the funds on your behalf. This will all be spelled out in your agreement with us.

I don’t want the money, what happens if I don’t collect the funds?

The funds will eventually be sent to the Florida Department of Treasury, but will stay claimable forever, in the state of Florida these funds do not “escheat” to the state like other states.If you don’t want the funds, consider using xAwesome Money Recovery to partner with one of our charities, many of which go to help homeowners facing foreclosure, or we can partner with a charity of your choosing and direct the funds to them.

I am on social security, Medicaid, or other fixed income support, can I still claim?

Discuss this with your recovery specialist. if needed, we will retain an attorney on your behalf to ensure your income-based support is not disrupted due to claiming your funds.

My home is selling at an HOA foreclosure, but I have a mortgage on the property. Am I still entitled to surplus funds?

In most cases, your primary mortgage is a superior lien to that of the HOA, meaning that their lien on the property is not extinguished as a result of the home selling due to the HOA foreclosure. By law, the mortgage company would not be entitled to the surplus funds, and they are yours to claim. There are other pertinent details that need to be discussed in these situations and our legal team here at xAwesome Money Recovery is perfectly equipped to help you through them.

I have other liens or mortgages on my property, can they claim my funds?

The answer is “maybe”! Each case is different based on many factors, including which parties are actually named in the foreclosure Awesome Money Recovery legal team will provide you with a detailed overview of your specific case at no cost to you. In many cases, these other liens and mortgages are not named in the foreclosure suit and therefore aren’t entitled to receive any of the surplus funds that you may be entitled to.