Florida surplus funds
If your home sold at auction for more than you owed, the difference may be yours.
When a Florida home is sold at a foreclosure auction or a tax deed sale, the sale sometimes brings in more than what was owed. That extra money is called surplus, and the former owner, or the owner’s heirs, may have a right to claim it from the clerk of court.
The basics
What surplus funds are.
In a foreclosure, the court enters a judgment for what is owed, and the property is sold at a public auction. If the winning bid is higher than the judgment and the costs of the sale, the extra money is deposited with the clerk of court. Florida Statute § 45.032 calls it surplus and says who may claim it: first, anyone with a recorded lien that was junior to the foreclosing one and files in time, and then the owner of record, generally the person who owned the property when the foreclosure case was filed.
A tax deed sale works the same way for unpaid property taxes. When the bid exceeds the taxes, interest, and costs, the excess is held by the clerk under Florida Statute § 197.582, and the former owner and others with a recorded interest may apply for it.
Many people never find out the money is there. The notice goes to the address the court has on file, which is often the house that was just sold. If the owner has died, the right to the surplus generally passes to the estate and, through it, to the heirs.
Working with us
How it works with us.
Each step is explained before the next. You can stop at any of them.
The process in detail →- 01
We look up the sale.
Tell us the property address and, if you have it, the case number. We pull the sale record and check the clerk of court’s registry in the county where the property sold to see whether a surplus was deposited and whether anyone has claimed it.
- 02
We tell you what we found, and what it takes to claim it.
You get a plain answer: whether a surplus appears to exist, who the record shows as entitled to it, and the steps and deadline that apply. That includes how to file the claim yourself, directly with the clerk, if you would rather do that.
- 03
If you want us to handle it, a written agreement comes first.
Nothing is filed until you have read and signed an agreement that states our fee and how it is paid. Then we prepare and file the claim, respond to what the clerk or the court asks for, and keep you informed. You are paid when the clerk disburses the funds.
On your own
You can do this yourself.
You do not need Surplus Funds USA, or any company, to claim surplus funds. The clerk of court in the county where the property sold holds the money and handles the claim, and the clerk’s office will talk to you directly at no cost.
Call or visit the clerk’s office in that county. Ask for the department that handles foreclosure sales, or tax deed sales, and give them the property address or the case number. Ask whether a surplus was deposited in your case, whether anyone has claimed it, what form you need to file, and what the deadline is.
If you want help understanding what the clerk tells you, or the claim is complicated because the owner has died or someone else is claiming the same money, that is where we can be useful. But the door to the clerk is open to you either way.
- Florida Court Clerks & Comptrollers Find the clerk’s office for any Florida county.
- Florida Courts The state court system, including self-help resources.
The mail
Why you got letters.
A foreclosure or tax deed sale is a public record, and so is the surplus it leaves. Companies read those records and write to the people named in them. We are one of them. Some of the others are not honest, and it can be hard to tell from the envelope.
How to judge any offer, including ours
- 01
Never pay anything up front. A legitimate surplus claim costs you nothing until money is actually recovered, and a claim you file yourself with the clerk costs nothing at all.
- 02
Get the fee in writing before anyone files anything, and read it. If a company will not put its fee in a written agreement, do not sign.
- 03
Look the company up. Every Florida business is on the state’s Sunbiz registry, and you can check when it was formed and who runs it.
- 04
Remember that the clerk of court is always open to you directly. You can call the clerk in the county where the property sold and ask about your case at any time, whether or not you work with anyone.
Look us up: search.sunbiz.org, Florida’s Division of Corporations. Our legal name is Surplus Funds USA, LLC, and our office is at 801 Northpoint Parkway, Suite 141, West Palm Beach.
Questions
Questions people ask first
- What are surplus funds?
- When a property is sold at a foreclosure or tax deed sale for more than what was owed on the judgment, taxes, and costs of the sale, the extra money is the surplus. The clerk of court holds it. Under Florida law the former owner of record, and in some cases their heirs or other parties with a recorded interest, may claim it.
- Do I need a company to claim my surplus?
- No. You may be able to claim surplus funds yourself, directly from the clerk of court, at no cost. The clerk can tell you what form to file and what to include. We are here if you would rather have someone handle it for you, but you do not need us or any other company.
- What does it cost to work with Surplus Funds USA?
- Nothing up front. Our fee is stated in a written agreement you sign before anything is filed, and it is paid only from funds actually recovered, when the clerk disburses them. If nothing is recovered, you owe nothing.
- Is there a deadline?
- Yes. For a foreclosure sale, Florida Statute § 45.032 gives the owner of record a window to claim the surplus, generally 60 days after the sale; check the clerk’s notice for your case. Tax deed surplus follows Florida Statute § 197.582. Missing a deadline may forfeit a claim, so it is worth asking the clerk about your case sooner rather than later.
- How long does it take to get the money?
- It depends on the clerk, the county, and whether anyone else files a claim on the same surplus. Some claims are paid in weeks; others take months, especially if a court hearing is needed or the owner has died and the claim runs through an estate. We tell you what we see in your case and update you as it moves.
- I got a letter from you. How do I know it is real?
- Surplus is a public record, so several companies may write to you after a sale, and not all of them are honest. You can check us on Florida’s Sunbiz registry, write to our West Palm Beach office, or skip us entirely and call the clerk of court about your case. We would rather you verify than take our word for it.
Check my case
Tell us about the sale.
A few minutes. A person in our office looks up the case and writes back with what we found and what it would take to claim it.
Before you send this
- 01
Sending this form does not commit you to anything. It asks us to look.
- 02
You can still claim the surplus yourself, directly from the clerk, at no cost.
- 03
If you decide to work with us, a written agreement comes before anything is filed, and we are paid only from funds actually recovered.
Questions first
Not sure any of this applies to you? Ask.
Write to us with what you know, even if it is only an address and a year. A person answers, in plain language, and tells you honestly if there is nothing there.
Important disclosures
- 01 Surplus Funds USA, LLC is not a law firm and does not provide legal advice or legal services.
- 02 You may be able to claim surplus funds yourself, directly from the clerk of court, at no cost. You do not need Surplus Funds USA or any other company to file a claim.
- 03 We are paid only from funds actually recovered, under a written agreement you sign before anything is filed. If nothing is recovered, you owe nothing.
- 04 Nothing on this site guarantees that surplus funds exist for any property, that a claim will be approved, or when a clerk will disburse funds.
- 05 Claim deadlines apply under Florida law (foreclosure surplus: Fla. Stat. § 45.032 and § 45.033; tax deed surplus: Fla. Stat. § 197.582). Missing a deadline may forfeit a claim.
- 06 Consider independent legal advice. Florida legal aid organizations may be able to help at no cost.
Read the full Surplus Recovery Disclaimer.