Florida surplus funds: how to check and claim what's left

If a Florida home sold at a foreclosure or tax sale for more than was owed, the leftover money may belong to you. Who holds it, the real deadlines, and how to claim it, either free on your own or through a licensed attorney with no upfront costs.

In Florida, the leftover money from a foreclosure or tax sale is called surplus funds, also known as tax deed surplus, excess proceeds, foreclosure surplus. For mortgage foreclosures it is held by clerk of the Circuit Court in the foreclosure case; for tax sales, clerk of the Circuit Court (tax deed section). It is not mailed out automatically. It has to be claimed, and checking is free.
The local term
Surplus Funds
Foreclosure process
Judicial (through the courts)
Mortgage surplus held by
Clerk of the Circuit Court in the foreclosure case
Tax-sale surplus funds held by
Clerk of the Circuit Court (tax deed section)
Cost to check yourself
$0. It's public record
Our cost to you upfront
$0. Attorney and filing costs are on us

Florida foreclosures are judicial. The case runs through the circuit court and the clerk conducts the sale; most counties auction online.

Florida foreclosure surplus: the owner does not need an attorney or other representative to recover surplus funds in a foreclosure. That sentence comes from Florida law (Fla. Stat. § 45.033), which requires it in any agreement that assigns your surplus to someone else. You can file with the clerk yourself.

How mortgage foreclosure surplus funds work in Florida

The clerk holds the surplus, and the owner of record on the day the foreclosure was filed is presumed entitled to it once any subordinate lienholders who filed on time are paid. You claim by filing with the clerk in your case. Florida law says it plainly: the owner does not need an attorney or other representative to recover surplus funds in a foreclosure (Fla. Stat. § 45.033). This comes from publicly available statute (Fla. Stat. § 45.032), and you can confirm any of it with the office holding the funds. We encourage it.

The deadline: One year after the sale, surplus still with the clerk is presumed unclaimed and sent to the state's unclaimed property program, where the owner can still claim it.

How tax-sale surplus funds work in Florida

Tax deed surplus is held by the clerk, who mails notice to the former owner and lienholders. Claims are made in writing with the clerk, and governmental liens are paid first. Source: Fla. Stat. § 197.582.

The deadline: Lienholders have 120 days from the clerk's notice. That window does not bar the former owner; unclaimed surplus moves to the state's unclaimed property program, where the owner can still claim it.

How to check if you're owed money in Florida

  1. Gather what you know: the property address, roughly when the sale happened, and whether it was a mortgage foreclosure or a tax sale.
  2. Contact the holder: for mortgage sales, clerk of the Circuit Court in the foreclosure case; for tax sales, clerk of the Circuit Court (tax deed section). Asking is free.
  3. Search older money at the Florida Treasure Hunt (unclaimed property). Unclaimed balances can move there over time. It's free, so never pay anyone just to search.
  4. Never saw a notice? That's common. Notices are mailed to the foreclosed address, the one place you no longer live.
  5. Or let us check: request a free record check. We confirm what's held, and where a claim needs an attorney we bring in one licensed in Florida, with no upfront costs.

What Florida law says about recovery fees

Consumer protection worth knowing before you sign anything: Florida caps what a company can take on an assignment of foreclosure surplus at 12%, and the assignment must state that the owner does not need an attorney or other representative to recover the money. Once money reaches the state's unclaimed property program, fees are capped at 30%, only a registered attorney, licensed private investigator or Florida CPA can be paid to file, and only the state's own agreement forms may be used. (Fla. Stat. § 45.033; § 717.135) Whoever you work with, including us, should welcome you checking the claim with the county first. More: what recovery really costs.

Finding the right office in your Florida county

We don't publish county-by-county pages for Florida yet. Start with the office named above in the county where the property was sold: for a mortgage foreclosure, clerk of the Circuit Court in the foreclosure case; for a tax sale, clerk of the Circuit Court (tax deed section). Call with your name and the property address, or the case number if you have it, and ask whether surplus funds are being held. If you would rather not make the calls, we'll check the record for you free.

Related guides

This page is education about publicly available law, not legal advice. For decisions about your situation, consult a licensed attorney. Other states we cover: Ohio, Georgia, or see all states.

Florida questions

Straight answers, before you ask.

For mortgage foreclosures: clerk of the Circuit Court in the foreclosure case (according to publicly available statute, Fla. Stat. § 45.032). For tax sales: clerk of the Circuit Court (tax deed section) (Fla. Stat. § 197.582). You can confirm either directly with the office involved, and we encourage it.

Mortgage foreclosures: One year after the sale, surplus still with the clerk is presumed unclaimed and sent to the state's unclaimed property program, where the owner can still claim it. Tax sales: Lienholders have 120 days from the clerk's notice. That window does not bar the former owner; unclaimed surplus moves to the state's unclaimed property program, where the owner can still claim it. See our deadline guide and confirm your own dates with the county.

Yes. You never need to pay anyone to find out whether money exists or to file your own claim. For foreclosure surplus, Florida law states that the owner does not need an attorney or other representative to recover surplus funds in a foreclosure (Fla. Stat. § 45.033). Our guide on claiming surplus funds yourself shows how. Where a claim gets complicated (a deceased owner, competing liens, a court hearing), we bring in a licensed attorney at no upfront cost to you, and you pay nothing unless money is recovered.

Heirs can usually claim, but the money is treated as part of the estate, so courts and counties typically want probate paperwork before paying anyone. Start with our guide for heirs.

The money is real, and so are the scams. Never pay an upfront fee, never sign away your rights to the property or the funds, and check everything with the county first. Our full checklist: is surplus funds recovery legit? With us there are never upfront costs: attorney fees, filing fees and court costs are covered, and you pay nothing unless money is recovered.

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