Answer We help former owners and other interested parties recover surplus funds held by the Orange County Clerk of the Circuit Court 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.
If your property in Orange County, FL was sold at a tax deed auction because of unpaid property taxes, you may be entitled to claim surplus funds held by the clerk of court. Our firm assists former owners, lienholders, and heirs with the process of recovering these funds, ensuring all required steps are followed and deadlines are met.
Why choose us
Navigating tax deed surplus recovery in Orange County can be confusing, especially after losing your property. We provide clear guidance, prepare the necessary paperwork, and represent you in any court proceedings if needed. 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
- Reviewing the tax deed sale records and surplus notice from the Orange County Clerk of the Circuit Court
- Preparing and filing sworn written claims for surplus funds
- Representing former owners, lienholders, and heirs in surplus recovery
- Handling court proceedings if the clerk refers the matter to the circuit court (interpleader)
- Assisting with claims for surplus funds that have been transferred to the Florida Department of Financial Services under the unclaimed property law
Steps
-
Review the surplus notice
After a tax deed sale, the Orange County Clerk of the Circuit Court mails a notice of surplus funds to interested parties. -
Determine eligibility
Identify whether you are the former owner, a lienholder, or an heir who may have a right to claim the surplus. -
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. Governmental liens are paid first, followed by other lienholders (senior before junior), and then the former owner. -
Respond to conflicting claims
If multiple claims are filed, the clerk may refer the matter to the circuit court for a decision in a process called interpleader. -
Receive funds or pursue unclaimed property
If no claim is filed within 120 days, the former owner is presumed entitled, and the funds are handled under Florida’s unclaimed property law. We also assist with claims to the Florida Department of Financial Services if needed.
Example
Example scenario:
A former owner in Orange County lost their homestead property at a tax deed sale because of unpaid property taxes. The property sold for $120,000. The unpaid taxes and costs of the sale totaled $10,000. The opening bid included one-half of the assessed value, which was $30,000. 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 Orange County Clerk of the Circuit Court holds the surplus funds. The former owner receives a notice and files a sworn written claim within 120 days. After governmental liens and other lienholders are paid, the remaining surplus is available to the former owner.
Common pitfalls
- Missing the 120-day deadline to file a sworn written claim with the Orange County Clerk of the Circuit Court (lienholders are barred if they miss this deadline; the bar does not apply to the former owner)
- Confusing tax deed sales with mortgage foreclosures (the process and rules are different)
- Not understanding the order in which surplus funds are distributed: governmental liens, then other lienholders, then the former owner
- Failing to provide all required information or proper documentation in the claim
- Overlooking surplus funds that have been transferred to the Florida Department of Financial Services as unclaimed property
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 Orange County? The surplus funds are held by the Orange County Clerk of the Circuit Court. Who can claim the surplus? Governmental liens are paid first, then other lienholders (in order of priority), and then the former owner (the titleholder of record). Heirs of a deceased former owner may also have a right to claim. How long do I have to file a claim? 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 120 days are barred. This bar does not apply to the property owner. What happens if multiple claims are filed? If claims conflict, the clerk may ask the circuit court to decide who is paid, in a case called an interpleader. What if no claim is filed within 120 days? If no claim is filed within 120 days, the titleholder of record is presumed entitled, and the funds are handled under Florida’s unclaimed property law. We assist with claims to the Florida Department of Financial Services if the surplus has been transferred there. Is this the same as a mortgage foreclosure? No. Tax deed sales and mortgage foreclosures are different legal processes with different rules.
This page provides general information about tax deed surplus funds recovery in Orange 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.