How to Claim Surplus Funds in Florida: Tax Deed and Foreclosure Surplus, Step by Step
About this article: “Marcus” is TaxLienSimple's educational narrator. First-person stories and dollar examples are illustrative scenarios written to explain real tax-sale concepts, they are not the personal trading history of a specific investor. Rate and legal information is sourced separately to official statutes and government records (see About and each guide's citations).
TL;DR
- →Florida has two kinds of surplus: tax deed surplus, held by the county clerk under Fla. Stat. 197.582, and mortgage foreclosure surplus, held by the clerk of the court that handled the foreclosure under Fla. Stat. 45.032.
- →For tax deed surplus, lienholders and other interested parties must file a notarized claim within 120 days of the clerk's surplus notice. The former owner is not barred by that deadline: after about a year the clerk reports unclaimed surplus to the state in the owner's name, where it can still be claimed.
- →For foreclosure surplus, Florida presumes the owner of record is entitled. The clerk holds it for one year, then reports it to the state. Anyone recovering it for an owner may take no more than 12 percent, under a written assignment filed with the court (Fla. Stat. 45.033).
- →Former owners can claim directly from the clerk at no charge. You do not need a company or an attorney to file a simple claim.
- →TaxLienSimple tracks 7,342 Florida tax deed surplus records across 41 counties and 88 foreclosure surplus records, checked at least every 48 hours.
Two kinds of surplus, two different processes
Florida surplus funds come from two kinds of sales, and the rules are different for each.
Tax deed surplus comes from a county tax deed sale. When nobody redeems a tax certificate, the certificate holder applies for a tax deed and the clerk auctions the property. If the winning bid is more than the taxes, interest and costs, the clerk holds the difference and follows Fla. Stat. 197.582 to pay it out.
Mortgage foreclosure surplus comes from a court-ordered foreclosure sale. If the property sells for more than the judgment, the clerk of court holds the surplus, and Fla. Stat. 45.032 decides who gets it.
Before you do anything else, find out which kind you are dealing with. The case number tells you: tax deed cases are usually numbered by the clerk's tax deed unit, and foreclosure cases carry a civil court case number. Each record on our Florida surplus funds list shows which kind it is and links to the clerk's own report.
Watch how it works
A narrated walkthrough: what surplus funds are and how recovery agents earn a fee, then find open surplus funds from county lists, check the parties and state rules, and track the claim to payout.
Read the transcript
Before I show you the dashboard, here's what surplus funds are, and why people make a living from them.
When someone falls behind on property taxes, the county can sell the property at auction.
Say the owner owed eight thousand dollars, and the home sold for ninety-five thousand.
The county keeps what it's owed. The other eighty-seven thousand is surplus, and by law, it belongs to the former owner.
Most owners never find out. They've moved, or they don't know the money exists. And if nobody claims it in time, it can go to the state.
That's where you come in. You find the owner, check that no one is owed ahead of them, and help them file the claim. They get their money, and you earn an agreed fee.
Owners can always claim for free on their own, and many states limit your fee. So the work is finding them, and making it easy.
TaxLienSimple tracks over one hundred and ninety million dollars of it across eighteen states, updated every day. Here's how to find a record, and work it all the way to payout.
This is TaxLienSimple. In the next few minutes, I'll find a surplus fund, check that it's worth working, and track it all the way to payout.
Start in County Data, on the Surplus funds tab. Every number here comes from the county's own list, and you can see how much is still open.
Open a state to see each county: the total, what's still open, the largest record, and the nearest deadline.
Search records takes you straight to those records.
Here in Research, you can narrow it down. I'll keep the open records, set a deadline within ninety days, and sort by the largest amount.
Open a record to see the detail.
Here's the amount, the claim deadline, and the former owner. Below that is everyone on the case. Lienholders and government claims can be paid before the owner, so check them first.
Every record shows the state's rules: how long the claim window is, any limit on your fee, and what you must tell the owner.
If it's worth working, add it to My claims.
Your claims live on one board, by stage. The top shows what you're working, your expected fees, and what's due this week.
Open the claim. The deadline countdown sits at the top.
From here you can search for the former owner by name and mailing address. Anyone matching the auction buyer is left out, because that's the wrong person.
Note who you're working with, and set a follow-up date. You'll get a reminder email that morning.
Every call, email, and letter goes in the contact log, so you never lose track.
Enter the fee you agreed. TaxLienSimple holds it to the state's limit, and shows what you'll earn.
Print a first letter in one click. Every letter tells the owner they can claim from the county for free.
The recovery agreement prints the state's fee limit and the required disclosure, and it won't print a fee above that limit.
Keep the paperwork here: photo ID, death certificates, the signed agreement. Only you can see it.
Move the claim along as it progresses. When the county pays, record the amount and your fee.
That's the whole workflow, from finding the money to getting paid, in one place.
| Tax deed surplus | Mortgage foreclosure surplus | |
|---|---|---|
| Where it comes from | County tax deed sale | Court-ordered foreclosure sale |
| Who holds it | Clerk of court (tax deed unit) | Clerk of court, in the foreclosure case |
| Main statute | Fla. Stat. 197.582 | Fla. Stat. 45.032 and 45.033 |
| Who is paid first | Government liens, then other liens of record | Subordinate lienholders who claim in time |
| Owner's position | Not barred by the 120-day lienholder deadline | Presumed entitled as owner of record |
| Fee cap for finders | No statutory cap found | 12 percent, written assignment filed with the court |
| If unclaimed | Reported to the state about a year after the notice | Reported to the state one year after the sale |
How to claim tax deed surplus in Florida
1. Find the record. Check the surplus or unclaimed funds page of the clerk of court in the county where the property was. Many clerks post a PDF list; some post a searchable table. Our Florida list collects them from every county we track.
2. Watch for the clerk's notice. After a tax deed sale with surplus, the clerk sends notice to the people with an interest in the property, including the former owner and lienholders, at the addresses in the records.
3. Know the 120-day rule. Lienholders and other interested parties must file a notarized claim within 120 days of the clerk's surplus notice, or they lose their claim. This is the deadline most people see quoted. It does not bar the former owner.
4. File your claim with the clerk. Most clerks provide a claim form. Expect to sign it before a notary and to include proof of identity and proof that you were the owner of record, such as the deed. If the owner has died, the clerk will ask for probate documents or other proof that you are the heir or personal representative.
5. Wait for the clerk to pay in order. Government liens and other liens of record are paid before the owner. If there is a dispute, the clerk can ask the court to decide.
6. If about a year has passed. Unclaimed tax deed surplus is reported to the Florida Department of Financial Services unclaimed property program in the owner's name (Fla. Stat. 717.113). The owner can still claim it there, through the state's free search.
How to claim mortgage foreclosure surplus in Florida
Foreclosure surplus is handled through the court case.
Florida law presumes that the owner of record on the date the foreclosure case was filed is entitled to the surplus, after subordinate lienholders who claim in time (Fla. Stat. 45.032). The clerk of court holds the money for one year after the sale. After that it is reported to the state as unclaimed property, where only the owner of record or a beneficiary of a deceased owner can claim it.
To claim, file in the foreclosure case. Many clerks have a form motion or claim for surplus. Larger amounts or contested claims usually go before a judge. If the owner signed a mortgage with a second lender or has other judgments, expect those lienholders to claim first.
If someone offers to recover foreclosure surplus for you, Florida limits what they can take. Under Fla. Stat. 45.033 an assignee or finder may collect no more than 12 percent of the surplus, and the assignment must be in writing, carry the required disclosures and be filed with the court within 60 days after the certificate of disbursements.
Watch the lesson: TaxLienSimple Academy
Florida tax sale guide
A Florida tax certificate is not ownership. A separate tax deed process may begin only after the applicable redemption period.
How long you have, in one place
These are the deadlines people mix up most. The short version: the famous 120-day deadline is for lienholders on tax deed surplus, not for the former owner, and nothing in Florida law makes the money disappear after a year. It moves to the state, where the owner can still claim it.
Every record on TaxLienSimple shows the deadline printed on the county's report and the state rule that applies, with the date we last checked it.
| Who | Kind of surplus | Deadline | What happens after |
|---|---|---|---|
| Lienholders and other interested parties | Tax deed | 120 days from the clerk's surplus notice | Claim is barred |
| Former owner | Tax deed | Not barred by the 120 days | Reported to the state about a year after the notice; still claimable there |
| Owner of record | Mortgage foreclosure | Clerk holds it 1 year after the sale | Reported to the state; owner or a deceased owner's beneficiary can claim |
| Finder or assignee | Mortgage foreclosure | Assignment filed within 60 days after the certificate of disbursements | Fee capped at 12 percent |
What Florida surplus looks like right now
TaxLienSimple tracks 7,342 Florida tax deed surplus records across 41 counties, totaling about $80.0 million, with a median record of $5,164. 2,184 of them are above $10,000, and 3,540 still have a claim deadline ahead on the county's report. We also track 88 Florida mortgage foreclosure surplus records in 12 counties, with a median of $22,940.
The counties with the most open records right now are Marion, Highlands, Washington, Charlotte, Polk, Lee, Volusia, Jackson and Brevard. Each has its own page on our Florida surplus funds list, linked to the clerk's report.
If the former owner has died
A large share of Florida surplus belongs to owners who have died. The money then belongs to the estate, and the clerk needs proof of who can receive it.
- If a probate case is open, the personal representative named by the court files the claim, with the letters of administration.
- If no probate case was opened, Florida's summary administration can be enough for smaller estates. Heirs file a petition with the court, and the order tells the clerk who to pay.
- If the money has already gone to the state, Florida's unclaimed property program lets a beneficiary of a deceased owner claim it with the death certificate and proof of inheritance.
These cases take longer than a simple owner claim, so start the paperwork early. A probate attorney is worth the cost when there are several heirs or a will is disputed. Our records flag names that match an estate or heirs pattern, so you can spot these cases before you begin.
Mistakes that cost Florida claimants money
Signing an agreement before you know what is owed. Look up the record first. The amount and the claim deadline are public.
Assuming the 120-day deadline means you are too late. That deadline applies to lienholders on tax deed surplus. Former owners are not barred by it.
Ignoring liens. A second mortgage, a code enforcement lien or a judgment can take part of the surplus. Read the case or the clerk's notice before you count on the full amount.
Paying an upfront fee. No one needs to be paid in advance to file a claim with a Florida clerk.
Letting an estate claim drift. If the owner has died, the clerk will want probate or heirship documents. Start that early, because it takes longer than the claim itself.
Frequently Asked Questions
Common questions about claiming surplus funds in Florida.
Frequently Asked Questions
Where can I find the surplus funds list in Florida?↓
Each county clerk of court publishes its own tax deed surplus list, usually on a surplus or unclaimed funds page. TaxLienSimple collects the lists from 41 Florida counties in one place and links every record to the clerk's report.
How long do you have to claim surplus funds from a foreclosure in Florida?↓
The clerk holds foreclosure surplus for one year after the sale. After that it is reported to the state as unclaimed property, where the owner of record or a beneficiary of a deceased owner can still claim it.
How long do you have to claim tax deed surplus funds in Florida?↓
Lienholders and other interested parties must file within 120 days of the clerk's surplus notice. The former owner is not barred by that deadline; after about a year unclaimed surplus is reported to the state in the owner's name and can still be claimed there.
Do I need an attorney to claim surplus funds in Florida?↓
Not for a straightforward claim by the former owner. Many clerks provide a form. An attorney helps when lienholders dispute the claim, when the owner has died, or when the court must decide who is entitled.
How much can a surplus recovery company charge in Florida?↓
For mortgage foreclosure surplus, Florida caps an assignee or finder at 12 percent, under a written assignment filed with the court (Fla. Stat. 45.033). We have not found a statutory cap for tax deed surplus, so read any agreement carefully.
Are surplus funds taxable?↓
It depends on your situation, such as whether you had a gain on the property. Ask a tax professional before you file your return.
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