Facing Tax Foreclosure in Orange County, Florida? Here's What You Need to Know
If you're a homeowner in Orange County, Florida, struggling with property taxes, you're not alone.
If your property in Orange County has been sold -- or is at risk of being sold -- at a tax sale, this guide covers your rights and what to do next.
How Tax Sales Work in Orange County
Florida uses a two-step process: tax certificates are sold on delinquent taxes, and if not redeemed, a tax deed application leads to the property being auctioned. Surplus funds are the excess above taxes, interest, costs, and fees.
In Orange County, the Tax Collector handles the tax sale process. The county seat is Orlando, where you will find the relevant offices. This county uses a tax lien process.
Your Right to Surplus Funds
If your property sold for more than what was owed in back taxes and fees, you may be entitled to the difference -- called surplus funds or "overages."
The U.S. Supreme Court confirmed this in Tyler v. Hennepin County (2023), ruling unanimously that governments cannot keep surplus from tax sales beyond what is owed. This violates the Fifth Amendment's Takings Clause. In Orange County, surplus funds are held by Clerk of Circuit Court.
All liens must be satisfied before the former owner can collect surplus.
Key Deadlines
- 90 days: The Clerk holds surplus for claims. After 90 days, funds go to County Commissioners.
- ~15 months total: After that, funds are presumed unclaimed under Section 717.113.
Act quickly -- the sooner you file, the simpler the process.
Redemption Rights
Florida has no post-sale redemption period for tax deed sales. Redemption must happen during the tax certificate phase, before the deed auction. Once sold, the sale is generally final.
Steps to Take Now
- Contact the Tax Collector in Orange County (Orlando) to check for outstanding tax certificates or pending tax deed applications on your property.
- Ask Clerk of Circuit Court about surplus funds. If your property was already sold, ask whether surplus funds are being held.
- Gather documentation: deed, tax records, government ID, and any sale correspondence.
- File your claim within 90 days of the notice date to avoid funds being transferred to County Commissioners.
Free Help from AuctionBlock.org
AuctionBlock.org is a mission-driven company that helps homeowners navigate tax foreclosure and recover surplus funds -- completely free. Whether you are trying to save your home or recover money from a past sale in Orange County, we can help.
Visit AuctionBlock.org to search for surplus funds or connect with resources in Florida.
Disclaimer: Provided by AuctionBlock.org for educational purposes only -- not legal advice. Tax laws vary and are evolving post-Tyler v. Hennepin County (2023). Verify current statutes and consult a licensed Florida attorney before acting. Current as of April 2026.