How to Recover Surplus Funds from Tax Foreclosure Sales in Florida
Florida is home to one of the largest pools of unclaimed surplus funds in the country. If your property was sold at a tax deed sale or mortgage foreclosure, you could be owed money — sometimes thousands or even tens of thousands of dollars.
Two Types of Surplus in Florida
Florida has surplus funds from both tax deed sales and mortgage foreclosures, and the rules are different for each.
Tax Deed Sale Surplus
Under Section 197.582, when your property sells at a tax deed auction for more than the opening bid (which covers back taxes and costs), the excess belongs to you and any lienholders.
But there is a catch: all liens must be satisfied first. The Clerk and County Commissioners strictly enforce this. You cannot collect surplus until every lien on the property has been cleared.
Timeline:
- The Clerk holds surplus for 90 days while notifying eligible parties
- After 90 days with no claims, funds go to the County Commissioners
- You then have 1 year before funds are treated as unclaimed
Mortgage Foreclosure Surplus
Under Section 45.032, there is a legal presumption that the owner of record on the date the lis pendens was filed is entitled to surplus funds, after subordinate lienholders are paid.
Timeline:
- 60 days after the certificate of disbursements to file your claim
- If no one claims, a surplus trustee is appointed for 1 year to find you
- After that, funds become unclaimed property
Your Rights Under Florida Law
Florida law gives you strong protections:
- You do NOT need a lawyer or representative to file a claim. The statute explicitly says so.
- Mortgage foreclosure assignee fees are capped at 12%
- Unclaimed property recovery fees are capped at 20% (max $1,000 for individuals)
- Anyone recovering property for pay may need a private investigator license
Steps to Take Now
- Find out what type of sale took your property (tax deed or mortgage foreclosure)
- Contact the County Tax Collector (tax sales) or Clerk of Court (mortgage foreclosures)
- Ask about surplus funds from your property's sale
- Gather your documents: ID, proof of ownership, and any sale notices
- File your claim as early as possible using the appropriate form
- Address any liens — especially for tax sale surplus, where liens must be cleared first
A Pro Tip
Even if the statutory deadlines have passed, check whether funds are still with the county. Florida counties often hold surplus funds longer than required. Your money might still be there.
Free Help from AuctionBlock.org
AuctionBlock.org is a mission-driven company that helps Florida homeowners recover surplus funds for a flat $4,999 fee, paid only upon successful recovery. Florida's system is complex, but you do not have to navigate it alone.
We can:
- Identify your surplus funds
- Guide you through the right process for your situation
- Help you prepare and file claim forms
- Analyze what liens may need attention
- Connect you with a Florida attorney if needed
Do not leave your money on the table. Contact AuctionBlock.org today — our help is always free.
Visit AuctionBlock.org to get started.
Tyler v. Hennepin County: A Landmark for Property Owners
In 2023, the U.S. Supreme Court ruled unanimously in Tyler v. Hennepin County that governments cannot keep surplus proceeds from tax sales beyond what is owed, finding this violates the Takings Clause of the Fifth Amendment. This landmark decision has strengthened property owners' rights to surplus funds nationwide, and as of 2026, laws in this area are evolving rapidly. Many states have enacted or are considering reforms in response to this ruling. We strongly recommend verifying current statutes in your state, as the legal landscape may have changed since this guide was written.
AuctionBlock.org is a mission-driven company providing surplus fund recovery assistance. This guide is for educational purposes only and does not constitute legal advice. Laws change frequently — always verify current statutes with a licensed attorney in your state. Last updated: April 2026.