Florida Tax Deed Surplus Funds Recovery
If your Florida property was sold for unpaid taxes and brought more than the taxes and costs owed, that difference may belong to you. When there is a surplus, the clerk of court holds it.
What a tax deed surplus is
A tax deed sale is an auction. When the property sells for more than the unpaid taxes and the costs of the sale, the extra money does not go to the county or to the buyer. After the liens ahead of you are paid, what is left belongs to the former owner.
Timing matters. The clerk mails a notice of surplus funds, and claims are filed within 120 days of the date on that notice. If no claim is filed in that time, the money is treated as belonging to the titleholder of record and is handled under Florida’s unclaimed property law.
We handle claims at both stages: with the clerk of court during the claim period, and with the Department of Financial Services after the money has been sent to the state.
How it works in Florida
Unpaid taxes lead to a tax deed sale
When property taxes go unpaid, a tax certificate is issued on the property. If the taxes stay unpaid, the holder of that certificate can apply for a tax deed, and the clerk of the circuit court sells the property at a public auction. This is not a mortgage foreclosure.
The property sells for more than the taxes and costs
The opening bid covers the unpaid taxes and the costs of the sale. When bidding pushes the price above it, the extra money is the surplus. For homestead property the opening bid also includes one-half of the assessed value, and that amount is treated as surplus too, so there can be a surplus even when no one bids above the opening bid.
The clerk pays governmental liens and holds the rest
Liens held by governmental units are paid from the surplus first. The clerk of court holds what is left and mails a notice of surplus funds to the former owner and to the lienholders of record.
Claims are filed with the clerk within 120 days
A sworn written claim must be filed with the clerk within 120 days of the date of that notice. Lienholders are paid senior before junior, and then the former owner. A lienholder that misses the 120 days is barred; that bar does not apply to the property owner.
Who can claim
The former owner, the heirs of an owner who has died, and lienholders whose liens were on the property when it sold. When claims conflict, the clerk can ask the circuit court to decide who is paid.
Surplus from a mortgage foreclosure is a separate process, with different rules and a different deadline. See Florida foreclosure surplus.
Do you need a lawyer?
No. A former owner can file the claim with the clerk of court directly. A lawyer is most useful when lienholders are competing for the money, when the owner has died, or when the clerk has taken the matter to court.
What this costs
Fee arrangements depend on the posture of the matter and are set out in a written agreement before any work begins. We are glad to explain how fees would work in your situation when we speak — ask, and you will get a straight answer.
Find out where you stand
Tell us the county and roughly when the sale happened, and we will look at the clerk’s records.
By county
- Tax Deed Surplus Funds Recovery in Brevard County, FL
- Tax Deed Surplus Funds Recovery in Broward County, FL
- Tax Deed Surplus Funds Recovery in Duval County, FL
- Tax Deed Surplus Funds Recovery in Hillsborough County, FL
- Tax Deed Surplus Funds Recovery in Lee County, FL
- Tax Deed Surplus Funds Recovery in Miami-Dade County, FL
- Tax Deed Surplus Funds Recovery in Orange County, FL
- Tax Deed Surplus Funds Recovery in Palm Beach County, FL
- Tax Deed Surplus Funds Recovery in Pinellas County, FL
- Tax Deed Surplus Funds Recovery in Polk County, FL
Common questions
- What Documents You Need to Claim Florida Tax Deed Surplus Funds
- What Happens When the Clerk Files an Interpleader Over Florida Tax Deed Surplus
- How Mortgages, Code Enforcement Liens, and Judgments Affect Florida Tax Deed Surplus
- What Happens to Unclaimed Florida Tax Deed Surplus Funds?
- Florida Tax Deed Surplus vs. Mortgage Foreclosure Surplus: Key Differences for Former Owners
- Claiming a Deceased Parent or Relative’s Florida Tax Deed Surplus: What Heirs Need to Know
- How to Find Out if a Florida Tax Deed Sale Left Surplus Funds for You
- Understanding the Notice of Surplus Funds After a Florida Tax Deed Sale: What Former Owners Need to Know
- How to Claim Florida Tax Deed Surplus Funds from the Clerk of Court
Important information
Attorney advertising. Responsible attorney: Christian Cruz, Esq. Office: CRUZ LAW FIRM, 160 W Camino Real, 589, Boca Raton, FL, 33432.
Florida law does not require you to hire a lawyer or anyone else to claim tax deed surplus funds. A former owner may file a claim with the clerk of court directly.
This page is general information about Florida law, not legal advice. Reading it does not create an attorney-client relationship, and no such relationship is formed until we have a signed written agreement.