Surplus Recovery Disclaimer

1. Not legal advice

Content on this website about surplus funds, foreclosure sales, tax deed sales, estates, and the claim process is general information only. It is not legal, tax, or financial advice, and it is not a substitute for advice about your own situation from an attorney of your choosing. No attorney-client relationship is created by your use of this website, by any communication with Surplus Funds USA, LLC, or by any agreement with us.

2. Not a law firm

Surplus Funds USA, LLC is not a law firm and does not provide legal advice or legal services. Where a claim requires an attorney, for example when an estate must be opened in probate or when competing claims must be decided by a court, we work with Florida counsel. Whether that attorney represents you, and on what terms, is set out in a separate written engagement; do not assume you are represented without one.

3. You may claim surplus funds yourself

You may be able to claim surplus funds yourself, directly from the clerk of court in the county where the property sold, at no cost. You do not need Surplus Funds USA, LLC or any other company to file a claim. The clerk’s office can tell you what to file and by when. Nothing on this website should be read as suggesting otherwise.

4. Contingency fee and written agreement

We are paid only from funds actually recovered, under a written agreement you sign before anything is filed. The agreement states our fee and how it is paid. We do not charge anything up front, and if nothing is recovered, you owe nothing. Our fee depends on the case and is not published on this website; it is set out in the agreement, which you should read, and may wish to have reviewed by an attorney of your choosing, before you sign.

5. No guaranteed outcome

Nothing on this website guarantees that surplus funds exist for any property, that a claim will be approved, that any particular amount will be paid, or when a clerk will disburse funds. Whether a surplus exists, who is entitled to it, and when it is paid depend on the record in each case, on competing claims, on the clerk and the court, and on applicable law. Submitting an inquiry does not create any commitment by Surplus Funds USA, LLC to pursue a claim.

6. Deadlines under Florida law

Claim deadlines apply under Florida law. Foreclosure surplus is governed by Florida Statutes § 45.032 and § 45.033; tax deed surplus is governed by Florida Statute § 197.582. The owner of record’s window to claim a foreclosure surplus under § 45.032 is generally 60 days after the sale; the notice issued by the clerk in your case controls. Missing a deadline may forfeit a claim. Information on this website about deadlines is general and may not reflect the dates that apply to your case; confirm them with the clerk of court.

7. Heirs and estates

When the owner of record has died, the right to claim surplus funds generally belongs to the owner’s estate, and a claim may require documents establishing the estate and its beneficiaries, and in some cases a probate proceeding. Surplus Funds USA, LLC does not determine who inherits and does not resolve disputes among heirs. Each heir should consider independent legal advice.

8. Florida focus

The services described on this website concern surplus funds arising from the sale of Florida real property. References to statutes are to Florida law unless otherwise indicated. Nothing here is an offer to provide services in any other state.

9. Inquiry is not a commitment

Information you submit through this website is reviewed by our staff and may be used to look up the sale and follow up with you. Submitting an inquiry does not create an agreement, does not authorize us to file anything, and does not obligate you in any way. Only a written agreement signed by you does. You may decline to proceed at any point before signing.

10. Independent advice, legal aid, and how to reach us

Consider independent legal advice before signing any agreement about surplus funds, with us or with anyone else. Florida legal aid organizations may be able to help at no cost; the clerk of court or the Florida Courts self-help resources at flcourts.gov can point you to them. Questions or complaints about this Disclaimer or about our conduct may be directed to Surplus Funds USA, LLC, 801 Northpoint Parkway Ste 141, West Palm Beach, FL 33407, or by email to Info@SurplusFundsUSA.com. We would rather hear about a problem than have you live with it.