Answer Tax deed surplus funds recovery helps former owners claim money left over after a tax deed sale in Hillsborough County, FL. 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.
If your property in Hillsborough County was sold at a tax deed auction because of unpaid property taxes, you may be entitled to claim surplus funds held by the Hillsborough County Clerk of the Circuit Court. Tax deed sales are different from mortgage foreclosures. In a tax deed sale, the holder of a tax certificate applies for a tax deed, and the clerk of court sells the property at public auction. 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. These surplus funds are held by the clerk of court, and there is a specific process and timeline for making a claim.
Why choose us
Navigating the tax deed surplus process in Hillsborough County can be confusing, especially after losing a home. Our firm assists former owners and heirs in preparing and filing claims for surplus funds with the Hillsborough County Clerk of the Circuit Court. We handle the paperwork, help gather supporting documents, and represent you if the court needs to resolve conflicting claims. 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.
Services offered
- Review of your eligibility for surplus funds after a Hillsborough County tax deed sale
- Preparation and filing of sworn written claims with the Hillsborough County Clerk of the Circuit Court
- Assistance for heirs and beneficiaries if the former owner has passed away
- Representation in court if the clerk refers the matter for a judge to decide (interpleader)
- Guidance on surplus funds that have been transferred to the Florida Department of Financial Services under Florida’s unclaimed property law
Steps
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Initial Consultation
Contact our office to discuss your situation and determine if you may be eligible to claim surplus funds from a Hillsborough County tax deed sale. -
Review of Clerk’s Notice
We review the notice of surplus funds mailed by the Hillsborough County Clerk of the Circuit Court and confirm the deadline for filing a claim. -
Gather Documentation
We help you collect the necessary documents to support your claim, such as proof of ownership or heirship. -
Prepare and File Claim
We prepare a sworn written claim and file it with the Hillsborough County Clerk of the Circuit Court within the required 120 days from the date of the clerk’s notice. -
Monitor and Respond
We monitor the status of your claim, respond to any issues, and represent you if the clerk refers the matter to the circuit court for a decision. -
Unclaimed Property Assistance
If the surplus has already been transferred to the Florida Department of Financial Services, we assist with the process of claiming those funds.
Example
Example scenario:
A former owner in Tampa lost their homestead property in a Hillsborough County tax deed sale after falling behind on property taxes. The property sold at auction for $120,000. The unpaid taxes and costs of sale totaled $10,000. 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. In this example, the surplus held by the Hillsborough County Clerk of the Circuit Court would be $110,000. The former owner can file a sworn written claim with the clerk to request the surplus funds.
Common pitfalls
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Missing the 120-day deadline:
The Hillsborough County Clerk of the Circuit Court mails a notice of surplus funds after the sale. A sworn written claim must be filed with the clerk within 120 days of the date of that notice. Lienholders who do not file within that time are barred from claiming. This bar does not apply to the property owner. -
Confusing tax deed sales with mortgage foreclosures:
Tax deed sales are a separate process from mortgage foreclosures. The rules and timelines are different. -
Not understanding the order of distribution:
Governmental liens are paid first from the surplus, followed by other lienholders (senior before junior), and then the former owner (the titleholder of record). -
Incomplete or incorrect paperwork:
Claims must be sworn and properly documented. Missing information can delay or jeopardize your claim. -
Conflicting claims:
If multiple parties claim the surplus, the clerk may refer the matter to the circuit court for a judge to decide in a process called interpleader.
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 Hillsborough County? The surplus funds are held by the Hillsborough County Clerk of the Circuit Court. Who gets paid from the surplus, and in what order? Governmental liens are paid first. Next, other lienholders are paid, with senior liens before junior liens. After all liens are satisfied, the former owner (the titleholder of record) may claim the remaining surplus. How long do I have to file a claim for surplus funds? The clerk mails a notice of surplus funds, and a sworn written claim must be filed with the clerk within 120 days of the date of that notice. Lienholders who do not file in 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 are handled under Florida’s unclaimed property law. Can the clerk decide who gets the surplus if there are conflicting claims? If claims conflict, the clerk may ask the circuit court to decide who is paid, in a case called an interpleader. Do I need a lawyer to file a claim for surplus funds? A former owner may file a claim directly with the Hillsborough County Clerk of the Circuit Court. Our firm can assist with the process if you prefer guidance or representation. Can heirs or beneficiaries claim surplus funds if the former owner has passed away? Yes, heirs or beneficiaries may be able to claim surplus funds. We assist with preparing and filing these claims.
This page provides general information about tax deed 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 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.