declaratory judgment action seeking distribution of surplus funds

[Paul Mendel]

Hello All,

I run a condo association in Pinellas county, FL, and we had a unit sell at tax auction last year, there was significant surplus funds from the auction (about 8k, the HOA was owed over that and the tax lien beat us to foreclosure). We where the only lien holder to reply to the surplus funds and submitted our paperwork properly. We know from dealing with it the bank (1st lien holder) is MIA and has not been contactable throughout our foreclosure, tax lien foreclosure, or the quite title suit the new owner brought up after buying it.

Now a year later I call the county asking why we have not been issues the funds(we where told it would take up to a year) as the only lien holder to respond(Florida has great online records where you can check) in the time allowed, And I get this response:

"I just wanted to let you know the status of your surplus claim. The county attorney’s office recommended an interpleader action on this file because they have not received a claim from the primary lien holder. It usually takes a few months before an interpleader case is scheduled. The county attorney’s office recommends that if you would like to expedite the process you may wish to consider filing a declaratory judgment action seeking distribution of surplus." 

So when talking to the person behind the phone she says basically even though the bank did not file a claim of lien the county gives them special permission and a large amount of time to request it anyways. But I can do this "declaratory judgment action" But she has "no idea what that means or how to do it" My local attorney from the HOA said they rather not get involved and that it would be in our best interest to just keep waiting...

Any ideas or suggestions??