Surplus Advisors

Florida Surplus Funds Recovery

If your property was sold at foreclosure or tax sale in Florida and brought more than what was owed, that extra money — the surplus — likely belongs to you. Here's exactly how Florida handles it.

Governing statute
Fla. Stat. §45.032 / §45.033
Deadline to claim
60 days for owner priority; 1 year statutory window
Where to file
Clerk
Fee cap
12% (statutory)

How surplus funds work in Florida

Florida foreclosure and tax sales can generate surplus when the winning bid exceeds the outstanding debt, taxes, and costs. Under Fla. Stat. §45.032 / §45.033, that surplus is held by the clerk and must be released to the rightful claimant — usually the former owner or their heirs.

Form 1.996(c) — notarized claim filed with Clerk of Court.

Step-by-step: filing your claim

  1. Confirm there's a surplus. Request the final sale report or distribution from the clerk for your property.
  2. Gather proof of ownership. Recorded deed, prior tax bills, ID, and any heirship documents if the owner is deceased.
  3. Prepare the claim. Claim forms must be notarized.
  4. File before the deadline. 60 days for owner priority; 1 year statutory window. Missing this window typically forfeits the surplus to the county or state.
  5. Track the disbursement. Once approved, the clerk issues payment — usually within 30–90 days.

Watch out for

Deadlines are strict. Florida's window is 60 days for owner priority; 1 year statutory window. After that, funds typically escheat.
Recovery-agent licensing. Florida requires agents to be licensed or registered before charging a fee. Verify credentials.
No advance fees. Florida prohibits demanding payment before recovery. Anyone asking for money upfront is a red flag.
Fee cap: 12% (set by statute). Agreements above this are unenforceable in Florida.

Free Florida surplus check

We'll look up your county's records, confirm whether a surplus is being held, and walk you through the claim — no upfront fees, no obligation. Our fee is capped at 12% and only paid if you recover.

Frequently asked questions

How long do I have to claim surplus funds in Florida?

60 days for owner priority; 1 year statutory window. After that deadline the surplus typically escheats to the state or county.

Do I need a lawyer to file in Florida?

Not always — many Florida claims are administrative. Court-venue states often benefit from counsel or a licensed recovery service to handle motions and notarization.

What does Surplus Advisors charge?

We work on contingency, capped at the Florida maximum of 12%. No recovery, no fee.

What if the former owner passed away?

Heirs can claim the surplus with proof of relationship (death certificate, will or affidavit of heirship). We handle the paperwork.

Other states

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This page is informational and does not constitute legal advice. Statutes and deadlines change — confirm with the clerk of jurisdiction or an attorney licensed in Florida.