What “surplus funds” means
Surplus is the difference between the auction sale price and what was owed (the judgment or the tax certificate amount plus costs). If a home with a $180,000 payoff sells for $230,000, there may be roughly $50,000 in surplus after costs and any junior liens are addressed.
Tax-deed sale surplus (Chapter 197)
For tax-deed sales, Florida Statutes § 197.582 governs how the clerk disburses the proceeds. Government liens are paid first; then the former owner, heirs, or recorded lienholders may claim. Claimants other than the owner generally must file a proper, timely claim — often within 120 days of the clerk's mailed notice — and claims are typically barred if not filed within the statutory window. Deadlines are strict, so contact the clerk quickly.
Mortgage foreclosure surplus
For a mortgage foreclosure, the surplus is handled by the court and the clerk under Florida law. The owner of record at the time the lis pendens was recorded is generally presumed entitled to any surplus, subject to junior lienholders. You file a claim with the clerk in the foreclosure case.
How to claim — the honest version
- Contact the clerk of court in the county where the sale happened and ask for the surplus-claim form and the sale accounting.
- Gather ID, and if you're an heir, a death certificate and probate or other proof of authority.
- File the notarized claim before the deadline. The clerk can tell you the exact form and dates.
Watch out for surplus-recovery fee traps
“Fund recovery” outfits may contact you offering to retrieve your surplus for a large cut — sometimes 20-40%. In many cases you can file directly with the clerk yourself, or use an attorney for a far smaller fee. Be skeptical of anyone pressuring you to sign over a big percentage.
Surplus questions often come up alongside selling a distressed home. If you're weighing a sale before an auction to avoid the whole process, we're happy to talk — Foreclosure Fighters offers free help.
A note from Chris: I’m Chris Moore, and I’m not a lawyer — this is not legal advice. It’s general information my team researched from the official sources cited on this page, and laws and timelines change. For help with a specific legal matter you should talk to a licensed attorney. Need a good one? Reach out to me here and I’ll gladly share my references.
Frequently Asked Questions
Who gets the surplus after a Florida foreclosure?
Generally the owner of record when the lis pendens was filed, after any junior lienholders. For tax-deed sales, government liens are paid first, then former owner, heirs, or lienholders may claim.
Is there a deadline to claim surplus funds?
Yes, and it's strict. For tax-deed surplus, certain claimants often must file within about 120 days of the clerk's mailed notice. Contact the clerk immediately to confirm your exact deadline.
Do I have to pay a company to get my surplus?
Often, no. You can usually file directly with the clerk of court, or hire an attorney for a modest fee. Be wary of recovery firms that want a large percentage.
How do I find out if I have surplus?
Contact the clerk of court in the county where the property sold and ask about surplus from your case or the tax-deed sale.