Answer

Tax deed surplus funds recovery helps former property owners in Pinellas County, FL claim surplus funds held by the clerk of 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 you have lost your property in Pinellas County due to unpaid property taxes, you may be entitled to surplus funds remaining after the tax deed sale. Our firm assists former owners and eligible parties in navigating the process to claim these funds from the Pinellas County Clerk of the Circuit Court.

Why choose us

Navigating tax deed surplus recovery in Pinellas County can be confusing, especially after the stress of losing a home. We guide you through each step, ensuring your claim is properly filed and your interests are represented. 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 your eligibility for surplus funds after a Pinellas County tax deed sale
  • Preparing and filing sworn written claims with the Pinellas County Clerk of the Circuit Court
  • Communicating with the clerk and, if needed, the circuit court
  • Representing former owners, lienholders, and heirs in surplus claims, including funds sent to the Florida Department of Financial Services under Florida’s unclaimed property law
  • Advising on the order of distribution, including governmental liens and other lienholders

Steps

  1. Review the tax deed sale
    Confirm that a tax deed sale occurred in Pinellas County and identify whether surplus funds exist. 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.

  2. Wait for the clerk’s notice
    The Pinellas County Clerk of the Circuit Court will mail a notice of surplus funds after the sale.

  3. File a sworn written claim
    A sworn written claim must be filed with the clerk within 120 days of the date of the notice. Lienholders who do not file within this period are barred from claiming. This bar does not apply to the former owner.

  4. Distribution of funds
    The clerk pays governmental liens first, then other lienholders (senior before junior), and then the former owner (the titleholder of record).

  5. Court involvement if needed
    If there are conflicting claims, the clerk may ask the circuit court to decide who is entitled to the funds in a process called interpleader.

  6. Unclaimed funds
    If no claim is filed within 120 days, the titleholder of record is presumed entitled, and the surplus is handled under Florida’s unclaimed property law. We assist with claims for surplus funds sent to the Florida Department of Financial Services.

Example

Example scenario:

A former owner in Clearwater, Pinellas County, loses their homestead property in a tax deed sale because of unpaid property taxes. The property sells at auction for $120,000. The unpaid taxes and costs of sale total $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. After the sale, the Pinellas County Clerk of the Circuit Court holds the surplus funds. The former owner receives a notice of surplus funds and files a sworn written claim within 120 days. Governmental liens are paid first, then any other lienholders, and the remaining surplus is available to the former owner.

Common pitfalls

  • Missing the 120-day deadline: Lienholders who do not file a claim with the clerk within 120 days of the notice are barred from receiving surplus funds. This does not apply to the former owner.
  • Confusing tax deed sales with mortgage foreclosures: Tax deed sales are a different process from mortgage foreclosures, with different rules for surplus funds.
  • Not understanding the surplus calculation: The surplus is the amount the property sold for above the unpaid taxes and 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.
  • Overlooking governmental liens: Governmental liens are paid before other lienholders and the former owner.
  • Incomplete or incorrect claims: Claims must be sworn and properly filed with the Pinellas County Clerk of the Circuit Court.

FAQ

What is a tax deed sale? A tax deed sale happens when property taxes go unpaid in Pinellas County. 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 Pinellas County? The surplus funds are held by the Pinellas County Clerk of the Circuit Court. Who is entitled to the surplus funds? Governmental liens are paid first, then other lienholders (in order of priority), and then the former owner (the titleholder of record). 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 clerk’s notice of surplus funds. Lienholders who do not file within this period are barred from claiming. This bar does not apply to the former owner. What happens if multiple people claim the surplus? If claims conflict, the clerk may ask the circuit court to decide who is entitled to the funds 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 surplus is handled under Florida’s unclaimed property law. We assist former owners and heirs with claims for surplus funds sent to the Florida Department of Financial Services. Is this the same as a mortgage foreclosure surplus? No. Tax deed sales and mortgage foreclosures are different processes with different rules for surplus funds.

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