Answer: If your home in Broward County, FL was sold at a judicial foreclosure and the sale brought in more than what was owed, you may be entitled to claim the surplus funds held by the clerk of the circuit court. Our firm assists former owners and beneficiaries in navigating the process to recover these funds, including claims for surplus that has already been transferred to the Florida Department of Financial Services as unclaimed property.

After a judicial foreclosure in Florida, the court may order the sale of your property. If the sale price exceeds the total owed under the final judgment and any subordinate liens, the extra money—called surplus funds—is held by the Broward County Clerk of the Circuit Court. Recovering these funds involves a specific legal process, and the right to claim them depends on the court’s orders and Florida law. We help former homeowners and beneficiaries understand their rights and guide them through each step, whether the surplus is still with the clerk or has moved to the state’s unclaimed property program.

Why choose us

  • We focus on helping former homeowners and beneficiaries in Broward County, FL recover foreclosure surplus funds.
  • Our office is conveniently located at 160 W Camino Real, 589, Boca Raton, FL 33432.
  • We offer clear guidance on the judicial foreclosure process and surplus recovery.
  • You can reach us at (561) 933-4747 during business hours for questions or to schedule a consultation.

Services offered

  • Reviewing court records to determine surplus eligibility after a judicial foreclosure in Broward County.
  • Preparing and filing surplus claims with the Broward County Clerk of the Circuit Court.
  • Representing former owners and beneficiaries in court hearings if required.
  • Assisting with claims to the Florida Department of Financial Services for surplus funds that have become unclaimed property after one year.
  • Advising on the rights of subordinate lienholders and the order of distribution.
  • Explaining the difference between foreclosure surplus and tax-deed surplus (which is a separate process not covered here).

Steps

  1. Review the final judgment and sale records
    Confirm whether a surplus exists and who may be entitled to claim it, based on the court’s orders and the date the lis pendens was filed.

  2. Determine the current location of the surplus
    Check if the surplus is still held by the Broward County Clerk of the Circuit Court or if it has been sent to the Florida Department of Financial Services as unclaimed property (after one year).

  3. Prepare and file the claim
    Complete the necessary paperwork and submit it to the appropriate office—either the clerk of court or the Department, depending on where the funds are held.

  4. Attend hearings if required
    The court may schedule a hearing to determine entitlement, especially if there are competing claims from subordinate lienholders or others.

  5. Receive the funds
    If the court or Department approves the claim, the surplus is distributed according to Florida law.

Example

Example scenario:
A Broward County homeowner’s property is sold at a judicial foreclosure. The final judgment orders the clerk to pay the lender $200,000. At the sale, the property sells for $220,000. After the clerk pays the lender and a subordinate lienholder who filed a timely claim, $10,000 remains as surplus. The owner of record as of the date the lis pendens was filed may claim this surplus from the clerk. If no claim is made within one year, the clerk sends the funds to the Florida Department of Financial Services as unclaimed property, where only the owner or their beneficiary may claim it.

Common pitfalls

  • Missing the one year mark: After one year, any surplus still held by the clerk is sent to the Florida Department of Financial Services as unclaimed property. The funds are not lost, but the process to claim them changes.
  • Confusing foreclosure surplus with tax-deed surplus: Tax-deed sales have a different process and are not covered on this page.
  • Not understanding the order of distribution: The clerk pays according to the final judgment, then subordinate lienholders who file timely claims, and only then the owner of record.
  • Assigning rights to a surplus recovery company: If you assign your rights, the total compensation to the assignee is capped at 12 percent of the surplus by law.
  • Assuming legal help is required: Florida law allows former owners to claim surplus funds directly from the clerk without an attorney. Some choose legal assistance for guidance or if the case is complex.

FAQ

Who holds the surplus funds after a foreclosure sale in Broward County? The surplus is held by the Broward County Clerk of the Circuit Court in the court registry, not by the lender or their attorney. Who can claim foreclosure surplus funds? After subordinate lienholders who file timely claims are paid, the owner of record as of the date the lis pendens was filed may claim the remaining surplus. What happens if I do not claim the surplus within one year? After one year, the clerk sends any unclaimed surplus to the Florida Department of Financial Services as unclaimed property. The money is not lost, but only the owner of record or the beneficiary of a deceased owner may claim it from the Department. Is this the same as tax-deed surplus? No. Tax-deed surplus is a separate process with different rules and is not covered on this page. Do I need a lawyer to claim surplus funds? No. Florida law allows former owners to claim surplus funds directly from the clerk. Some people choose to seek legal help for guidance or if there are disputes. Can you help if the surplus has already been sent to the Department of Financial Services? Yes. We assist former owners and beneficiaries with claims to the Department for surplus that has become unclaimed property. How are fee arrangements handled? Fee arrangements depend on the posture of the matter and are set out in a written agreement before any work begins.

This page provides general information about foreclosure surplus funds recovery in Broward County, FL and does not create an attorney-client relationship.

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 foreclosure surplus funds. A former owner may file a claim with the clerk of court directly, and does not have to assign their rights to anyone to do so.

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.

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.