Answer If your home in Hillsborough County, FL has been sold at a judicial foreclosure sale, you may be entitled to surplus funds held by the clerk of the circuit court. We help former owners and beneficiaries of deceased owners navigate the process of claiming these funds, whether they remain with the clerk or have been transferred to the Florida Department of Financial Services as unclaimed property.

After a judicial foreclosure in Florida, the sale is conducted by the clerk of the circuit court. If the sale brings in more than the amount owed under the final judgment, the surplus is held by the clerk of court in the court registry. The process for claiming these funds is governed by Florida law, and the order in which claims are paid is set by the court. We assist homeowners and eligible beneficiaries in Hillsborough County with the paperwork and court procedures needed to claim surplus funds, whether the funds are still with the clerk or have moved to the state’s unclaimed property program after one year.

Why choose us

  • We focus on helping former homeowners and beneficiaries claim foreclosure surplus funds in Florida’s judicial foreclosure system.
  • Our office is conveniently located at 160 W Camino Real, 589, Boca Raton, FL 33432, and we serve clients throughout Hillsborough County and the Tampa Bay area.
  • We offer clear guidance on the steps involved and keep you informed throughout the process.
  • You can reach us at (561) 933-4747 during business hours.

Services offered

  • Reviewing your eligibility to claim surplus funds after a judicial foreclosure sale in Hillsborough County.
  • Preparing and filing the necessary paperwork with the Hillsborough County Clerk of the Circuit Court.
  • Representing former owners and beneficiaries of deceased owners in claims for surplus funds that have been sent to the Florida Department of Financial Services as unclaimed property.
  • Explaining the order in which surplus funds are distributed, including subordinate lienholder claims.
  • Answering your questions about the process and what to expect at each stage.

Steps

  1. Confirm eligibility
    Determine if you are the owner of record as of the date the lis pendens was filed, or the beneficiary of a deceased owner.

  2. Check the status of the surplus
    Find out if the surplus is still held by the Hillsborough County Clerk of the Circuit Court or if it has been sent to the Florida Department of Financial Services (this happens after one year if unclaimed).

  3. Gather documentation
    Collect documents such as the final judgment, proof of ownership, and any probate documents if the owner has passed away.

  4. Prepare and file a claim
    File the appropriate claim with the clerk of court if the funds are still in the court registry, or with the Department of Financial Services if the funds have been transferred as unclaimed property.

  5. Respond to court orders or requests
    If the court requires additional information or a hearing, respond promptly and provide any requested documentation.

  6. Receive distribution
    Once the court or the Department approves your claim, the surplus funds are distributed according to the statutory order: first to amounts specified in the final judgment, then to subordinate lienholders who filed timely claims, and finally to the owner of record or their beneficiary.

Example

Example scenario:
A Hillsborough County homeowner’s property is sold at a judicial foreclosure sale. The final judgment orders the clerk to pay $180,000 to the lender. The sale brings in $200,000, leaving a $20,000 surplus. The clerk of the circuit court holds this surplus in the court registry. After paying any subordinate lienholder who files a timely claim, the remaining surplus is available to the owner of record as of the date the lis pendens was filed. If no claim is made within one year, the surplus is sent to the Florida Department of Financial Services as unclaimed property, where only the owner or the beneficiary of a deceased owner may claim it.

Common pitfalls

  • Missing the one year mark: If no claim is filed with the clerk within one year after the sale, the surplus is sent to the Florida Department of Financial Services as unclaimed property. The money is not lost, but the process for claiming it changes.
  • Confusing foreclosure surplus with tax-deed surplus: Tax-deed surplus is a separate process not covered here.
  • Not understanding the order of distribution: Subordinate lienholders who file timely claims are paid before the owner of record.
  • Assigning rights to a recovery company: If you assign your rights to a surplus recovery company or other assignee, Florida law caps their total compensation at 12 percent of the surplus.
  • Incomplete documentation: Failing to provide all required documents can delay or prevent recovery.

FAQ

Who holds the surplus funds after a foreclosure sale in Hillsborough County?

The surplus is held by the Hillsborough County Clerk of the Circuit Court in the court registry, not by the lender or their attorney.

What is the process for claiming surplus funds?

The owner of record as of the date the lis pendens was filed, or the beneficiary of a deceased owner, may file a claim with the clerk of court. If the surplus has been sent to the Florida Department of Financial Services after one year, the claim must be made to the Department.

Who gets paid first from the surplus?

The clerk pays amounts specified in the final judgment, then subordinate lienholders who filed timely claims, and finally the owner of record or their beneficiary.

Do I need a lawyer to claim surplus funds?

Florida law allows the owner to claim surplus funds directly from the clerk of court. Some people choose to get help with the paperwork and court process.

What happens if I do not claim the surplus within one year?

After one year, any surplus the clerk still holds is presumed unclaimed and is sent to the Florida Department of Financial Services as unclaimed property. The funds are not lost, but only the owner of record or the beneficiary of a deceased owner may claim them from the Department.

Is this the same as surplus from a tax-deed sale?

No. Tax-deed surplus is a separate process with different rules and is not covered on this page.

This page provides general information about foreclosure surplus funds recovery in Hillsborough 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.