Answer

We help former homeowners in Lee County, FL recover surplus funds left over after a judicial foreclosure sale. Our service guides you through the process of claiming surplus funds held by the clerk of the circuit court, and, if needed, assists with claims to the Florida Department of Financial Services for unclaimed property.

After a judicial foreclosure in Lee County, the sale is conducted by the clerk of the circuit court. If the property sells for more than the amount owed, the surplus is deposited with the clerk—not the lender or their attorney. The court decides who is entitled to these funds, following a specific order set by Florida law. We assist former owners and, when applicable, beneficiaries of deceased owners in navigating the process to claim these funds, whether they remain with the clerk or have been transferred to the state as unclaimed property.

Why choose us

  • Clear guidance through the judicial foreclosure surplus process in Lee County.
  • Support for both direct claims to the clerk of court and, if needed, claims to the Florida Department of Financial Services.
  • Responsive communication—reach us at (561) 933-4747 or visit our office at 160 W Camino Real, Suite 589, Boca Raton, FL 33432.
  • Flexible scheduling during regular business hours.

Services offered

  • Reviewing court records to determine surplus eligibility after a Lee County judicial foreclosure.
  • Preparing and filing surplus claims with the Lee County Clerk of the Circuit Court.
  • Representing former owners and beneficiaries in court proceedings regarding surplus distribution.
  • Assisting with claims to the Florida Department of Financial Services for surplus funds that have become unclaimed property after one year.
  • Explaining the process and your options, including the choice to file a claim directly without legal representation.

Steps

  1. Review the final judgment and sale records
    Confirm that a surplus exists and determine the amount held by the clerk of court.

  2. Identify eligible parties
    Determine whether you are the owner of record as of the date the lis pendens was filed, or a beneficiary if the owner has passed away.

  3. Check for subordinate lienholders
    Review the court file to see if any subordinate lienholder has filed a timely claim.

  4. Prepare and file the claim
    Submit the required documents and claim form to the Lee County Clerk of the Circuit Court.

  5. Attend any required hearings
    If the court schedules a hearing, present your claim and respond to any objections.

  6. Receive distribution
    If the court approves your claim, the clerk will distribute the surplus funds according to the court’s order.

  7. If more than one year has passed
    If the surplus remains unclaimed after one year, assist with filing a claim to the Florida Department of Financial Services as unclaimed property.

Example

Example scenario:

A homeowner in Lee County faces a judicial foreclosure. The final judgment orders the clerk of court to sell the property to satisfy the mortgage. At auction, the property sells for $210,000, but the total owed under the judgment is $190,000. The $20,000 surplus is deposited with the Lee County Clerk of the Circuit Court. The court first pays any amounts specified in the judgment, then considers claims from any subordinate lienholder who filed on time. If no such claims exist, the owner of record as of the lis pendens date can claim the remaining surplus. If the funds are not claimed within one year, the clerk sends them to the Florida Department of Financial Services as unclaimed property, where only the owner or their beneficiary may claim them.

Common pitfalls

  • Missing the one-year mark: After one year, surplus funds are sent to the Florida Department of Financial Services as unclaimed property. Claims can still be made, but the process changes.
  • Not checking for subordinate lienholders: If a subordinate lienholder files a timely claim, they may be paid before the owner.
  • Incomplete paperwork: Missing or incorrect information can delay or prevent recovery.
  • Confusing foreclosure surplus with tax-deed surplus: Tax-deed surplus is a separate process not covered here.
  • Assigning rights without understanding limits: If you assign your rights to a surplus recovery company, Florida law caps their total compensation at 12 percent of the surplus under section 45.033.

FAQ

What is foreclosure surplus in Lee County, FL? When a property is sold at a judicial foreclosure sale for more than the amount owed, the extra funds—called surplus—are held by the Lee County Clerk of the Circuit Court. Who can claim the surplus funds? After the court pays amounts specified in the final judgment and any timely claims by subordinate lienholders, the owner of record as of the date the lis pendens was filed may claim the remaining surplus. How long do I have to claim surplus funds? You may claim surplus funds from the clerk until one year after the foreclosure sale. After one year, any remaining surplus is sent to the Florida Department of Financial Services as unclaimed property, and only the owner or their beneficiary may claim it from the state. Do I need a lawyer to claim surplus funds? No. Florida law allows the owner to file a claim directly with the clerk of court. Some people choose to get help with the process, but it is not required. What if the owner has passed away? A beneficiary of the deceased owner may claim the surplus, either from the clerk (if within one year) or from the Florida Department of Financial Services (if the funds have become unclaimed property). Is this the same as tax-deed surplus? No. Tax-deed surplus is a separate process not covered on this page. What happens if I assign my rights to a surplus recovery company? If you assign your rights, Florida law limits the total compensation of the assignee to 12 percent of the surplus.

This page provides general information about judicial foreclosure surplus recovery in Lee County, FL. It 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.