FL
Florida
Florida is a judicial foreclosure state, and the clerk of the circuit court runs the auction and holds any surplus. Florida law presumes the owner of record when the lis pendens was filed is entitled to mortgage foreclosure surplus, subject to a 120-day claim window and to subordinate lienholders who file on time. Tax deed surplus is handled separately by the clerk under a statutory priority order.
Terms commonly used in Florida
These are legally different procedures and are kept separate on purpose. Make sure you are reading the one that matches your sale.
Florida foreclosures go through court. When the property sells at the clerk's foreclosure auction for more than the final judgment amount, the extra money is the "surplus." Florida Statute 45.032 presumes the owner of record at the time the lis pendens was filed is entitled to it, and the clerk holds the money for a set claim window before it can be released or turned over.
Who may have a claim
- Owner of record when the lis pendens was recorded (statutory presumption)
- Co-owners on the deed
- Heirs or the estate of a deceased owner
- Subordinate lienholders who file a timely claim
- An assignee of the owner's rights, who must prove entitlement to the court
- A trust or business entity that held title
Priority among claimants may depend on title, recorded liens, court orders, probate and state law. Being listed here does not mean a claim will succeed.
Where the money may be held
- The clerk of the circuit court in the county where the foreclosure was filed
- The court registry, pending an order of disbursement
- The Florida Department of Financial Services unclaimed property division if never claimed
Commonly required documents
- Government photo ID for every claimantCommonly required
- Completed claim for surplus funds filed in the caseCommonly required
- Proof of ownership at the time the lis pendens was filedCommonly required
- Notarized affidavit of claimCommonly required
- Social Security number or EIN and current mailing addressCommonly required
- Death certificate and letters of administration if an owner diedSituation-dependent
- Trust or corporate documents for an entity claimantSituation-dependent
- Lien payoff or release lettersSituation-dependent
- Marriage certificate or divorce judgmentSituation-dependent
Could an attorney be needed?
Attorney may be advisable
Circumstances where legal help is more often advisable or required
- • The former owner is deceased
- • Probate has not been opened
- • Multiple heirs disagree
- • The claimant is a trust or business entity
- • Competing lienholders filed claims
- • Ownership is disputed
- • There is an assignment or transfer of claim
- • The claim requires a motion or petition
- • A hearing is scheduled
- • Another party objects
- • There are bankruptcy issues
- • There are judgments or unresolved liens
- • The claimant is a minor or incapacitated person
- • The deadline may have expired
- • The claimant lives outside the United States
- • The court requires representation for an entity
- • Local rules require attorney involvement
Dependable Funds Recovery is not a law firm and does not provide legal advice. When legal representation is required or advisable, clients may be referred to an independent licensed attorney.
Deadlines
Florida Statute 45.032 sets a 120-day window to file a claim to surplus funds after the clerk's notice of surplus. Missing the window does not always end the matter, but it makes recovery far harder and may send the money to the state as unclaimed property. Verify the exact notice date in your case.
- Trigger date
- The date the clerk issues the notice of surplus funds after the sale
- Varies by county or claim type
- No
- Confirmed against an official source
- Yes
- Source last checked
- 2026-08-03
Typical claim complexity
Moderate
Why, specifically:
- • A statutory 120-day claim window applies
- • Subordinate lienholders are paid first
- • Assignee claims face added court scrutiny under s. 45.033
- • A hearing may be set if entitlement is disputed
- • Clerk filing practices vary by county
Complexity is shown so you can judge the work involved for yourself. A complex rating does not mean you cannot file on your own.
Official resources
Sources and review record
- Date last reviewed
- 2026-08-03
- Reviewed by
- Johnny — Dependable Funds Recovery
- Disbursement of surplus funds after judicial sale — Fla. Stat. § 45.032 (checked 2026-08-03)
- Disbursement of tax deed sale proceeds — Fla. Stat. § 197.582 (checked 2026-08-03)
County, court, and trustee procedures may differ from statewide practice. Laws, forms, fees, and deadlines can change without notice.
This page is general information, not legal advice, and is not a substitute for reading the controlling statute, rule, order or official instructions for your case.
Optional
Guided claim checker
Answer a short set of questions about your Florida situation and we will show you, in plain English, which review steps typically apply. This is general education only — not legal advice, and not a guarantee that funds exist or can be recovered.
Not sure which process applies to your case?
Submitting information does not create an attorney-client relationship, guarantee eligibility, or guarantee recovery. You may be able to pursue a claim directly through the applicable court, county, trustee, or government agency.