Answer

Tax deed surplus funds recovery helps former property owners in Brevard County, FL, claim money left over after a tax deed sale. The surplus is the amount the property sold for above the unpaid taxes and the costs of the sale. For homestead property, the opening bid also includes one-half of the assessed value, and that amount is part of the surplus too.

After a tax deed sale in Brevard County, the Brevard County Clerk of the Circuit Court may hold surplus funds that belong to former owners or lienholders. If you lost your property because of unpaid property taxes, you may be entitled to claim these funds. Our firm assists former owners and other interested parties in navigating the process, preparing claims, and responding to any disputes that may arise.

Why choose us

  • We focus on helping former owners and their families recover surplus funds after tax deed sales in Brevard County, FL.
  • Our office is located at 160 W Camino Real, 589, Boca Raton, FL 33432, and we are available to discuss your situation by phone at (561) 933-4747.
  • We guide you through each step, from reviewing the clerk’s notice to preparing and filing the necessary documents.
  • We are available during regular business hours to answer your questions and keep you informed.

Services offered

  • Review of Brevard County Clerk of the Circuit Court surplus notices and records
  • Preparation and filing of sworn written claims for surplus funds
  • Assistance with documentation for heirs or beneficiaries if the former owner has passed away
  • Communication with the clerk of court and, if needed, participation in court proceedings (such as interpleader cases)
  • Guidance for former owners whose surplus funds have been transferred to the Florida Department of Financial Services as unclaimed property

Steps

  1. Review the surplus notice
    After a tax deed sale, the Brevard County Clerk of the Circuit Court mails a notice of surplus funds to former owners and lienholders.

  2. Determine eligibility
    We help you determine whether you, as the former owner or an interested party, may be entitled to claim the surplus.

  3. Prepare a sworn written claim
    A sworn written claim must be filed with the clerk within 120 days of the date of the surplus notice. We assist in preparing and submitting this claim.

  4. Monitor for competing claims
    If other parties, such as lienholders, file claims, we monitor the process and respond as needed.

  5. Court involvement if necessary
    If there are conflicting claims, the clerk may refer the matter to the circuit court in a case called an interpleader. We represent your interests in these proceedings.

  6. Unclaimed property process
    If no claim is filed within 120 days, the former owner is presumed entitled, and the funds may be transferred to the Florida Department of Financial Services. We assist with claims for surplus funds that have become unclaimed property.

Example

Example scenario:

A former owner in Brevard County lost their homestead property at a tax deed sale because of unpaid property taxes. The property sold at auction for $120,000. The unpaid taxes and costs of the sale totaled $10,000. The property was homestead, so the opening bid included one-half of the assessed value, which was $40,000. The surplus is the amount the property sold for above the unpaid taxes and the costs of the sale. For homestead property, the opening bid also includes one-half of the assessed value, and that amount is part of the surplus too. The Brevard County Clerk of the Circuit Court holds the surplus funds. Governmental liens are paid first, then other lienholders, and finally the former owner. The former owner receives a notice and files a sworn claim within 120 days to recover the remaining surplus.

Common pitfalls

  • Missing the 120-day deadline: Lienholders who do not file a sworn written claim with the clerk within 120 days of the surplus notice are barred from receiving payment. This bar does not apply to the former owner.
  • Confusing tax deed sales with mortgage foreclosure: Tax deed sales are a separate process from mortgage foreclosure. The rules and procedures are different.
  • Incomplete or incorrect claims: Claims must be sworn and properly documented. Mistakes can delay or prevent payment.
  • Overlooking governmental liens: Governmental liens are paid before other claims. Failing to account for these can affect how much is available to the former owner.
  • Not responding to interpleader actions: If there are conflicting claims, the clerk may ask the circuit court to decide who is paid. Not participating can result in a loss of rights.

FAQ

What is a tax deed sale? A tax deed sale happens when property taxes go unpaid. The holder of a tax certificate applies for a tax deed, and the clerk of the circuit court sells the property at a public auction. This is a different process from a mortgage foreclosure. What is the surplus from a tax deed sale? The surplus is the amount the property sold for above the unpaid taxes and the costs of the sale. For homestead property, the opening bid also includes one-half of the assessed value, and that amount is part of the surplus too. Who holds the surplus funds after a tax deed sale in Brevard County? The Brevard County Clerk of the Circuit Court holds the surplus funds. Who gets paid from the surplus, and in what order? Governmental liens are paid first. Then other lienholders are paid, with senior liens before junior liens. The former owner (the titleholder of record) is paid last. How long do I have to file a claim for surplus funds? A sworn written claim must be filed with the clerk within 120 days of the date of the surplus notice. Lienholders who do not file within that time are barred. This bar does not apply to the property owner. What happens if no claim is filed within 120 days? If no claim is filed within 120 days, the titleholder of record is presumed entitled to the surplus, and the funds may be transferred to the Florida Department of Financial Services as unclaimed property. We assist former owners and beneficiaries with claims for surplus funds that have become unclaimed property. Do I need a lawyer to file a claim for surplus funds? The former owner may file a claim directly with the clerk of court. Our firm can assist with the process if you prefer guidance or representation. What if there are conflicting claims to the surplus? If claims conflict, the clerk may ask the circuit court to decide who is paid, in a case called an interpleader.

This page provides general information about tax deed surplus funds recovery in Brevard 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 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.

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.