How it works
Each step, explained before the next one.
This is what happens when you ask us to look at a sale, in the order it happens. Wherever you are in it, you can still go to the clerk of court yourself.
The process
From your first message to the clerk’s check.
- 01
You tell us about the sale.
The property address is enough to start. A case number, the approximate month of the sale, and whether it was a foreclosure or a tax deed sale all help, but we can find them if you do not have them. Sending the form asks us to look; it does not commit you to anything.
- 02
We check the record.
We pull the sale from the court docket or the tax deed file and look at the clerk’s registry for the county to see whether a surplus was deposited, how much the record shows, whether a claim has already been filed, and what deadline applies. This is the same public information the clerk would give you if you called.
- 03
We tell you what we found.
A person writes or calls you with a plain answer: whether a surplus appears to exist, who the record shows as entitled to it, and what the claim would involve. We also tell you how to file it yourself with the clerk, if you would rather. If there is nothing there, we say so, and that is the end of it.
- 04
If you want our help, you read and sign an agreement.
The agreement says what we will do, what our fee is, and that the fee is paid only from funds the clerk actually disburses. You can take it to an attorney of your own before you sign. Nothing is filed until you have.
- 05
We prepare and file the claim.
We gather what the clerk requires, which usually includes proof of who you are and, where the owner has died, the documents that connect you to the estate. We file the claim, respond to what the clerk or the court asks for, and keep you informed as it moves.
- 06
The clerk disburses, and you are paid.
When the clerk releases the surplus, our fee is taken from it under the agreement and the rest is paid to you. If the clerk releases nothing, there is no fee, and you owe nothing.
How long it takes
Weeks to months. It depends on the clerk.
A simple claim, where you are the owner of record, no one else has filed, and the clerk has what it needs, can be paid in a matter of weeks. Some counties move faster than others.
It takes longer when other people claim the same surplus, for example a second mortgage holder or an association, because the court may need to decide who is entitled to what before the clerk pays anyone. It also takes longer when the owner has died and the claim runs through an estate, because the court will want to see who the heirs are.
Deadlines matter more than speed. For a foreclosure sale, Florida Statute § 45.032 gives the owner of record a window to claim, generally 60 days after the sale; check the clerk’s notice for your case. Tax deed surplus is governed by Florida Statute § 197.582. If a window has already passed, ask the clerk what happened to the funds before assuming they are gone.
The written agreement
What you are signing.
One document, in plain English, before anything is filed. Read it. Show it to someone you trust.
If your case needs an attorney, ask how Florida counsel will be involved and make sure the answer is in the document. Anything you were told on the phone that matters to you belongs there too; if it is not, ask before you sign.
- 01
What we will do for you.
- 02
Our fee, stated in the agreement, and that it is paid only from funds actually recovered, when the clerk disburses them.
- 03
That you owe nothing if nothing is recovered, and nothing before then.
- 04
That nothing is filed until you have signed.
- 05
How to reach us, and how we will keep you informed.
Heirs and estates
When the owner has died.
Many of the people who write to us are not the former owner. They are a son, a daughter, a spouse, or a sibling who received a letter about a house that belonged to someone who has passed away.
When the owner of record has died, the right to the surplus generally belongs to the estate, and a claim is made on the estate’s behalf. What that requires depends on the case: sometimes the court will accept a death certificate and documents showing who the heirs are; sometimes an estate has to be opened or reopened in probate first. When that is needed, an attorney has to be involved, and we work with Florida counsel to handle it.
We will explain what the record shows and what the court is likely to ask for. We do not give legal advice about who inherits, and we cannot decide disagreements between family members. If there is a dispute, each heir should consider independent legal advice.
Plainly
What we do not do.
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We do not give legal advice. We can tell you what the record shows and what the process involves; we cannot tell you what your legal rights are in a dispute. That is for an attorney of your own choosing.
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We do not promise a result. We cannot promise that a surplus exists, that a claim will be approved, or when a clerk will pay.
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We do not charge anything up front, and we do not ask you to pay a fee to “release” or “process” funds. Anyone who does is a warning sign.
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We do not pressure you. If you want to wait, ask the clerk, talk to family, or get legal advice first, we will still be here.
Next
Ready for us to look at the sale?
Tell us the address. We check the record and write back with what we found, including how to file the claim yourself.
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.