State guide · 5 min read
Florida tax deed surplus funds: how to claim
If a Florida property was sold at a tax deed sale, the winning bid is often higher than the taxes owed. That extra money is called surplus, and Florida law says it is held by the county Clerk of Court for the people who had an interest in the property, including the former owner. Searches for "county asset recovery" are often about this money. Here is how the process works under section 197.582, Florida Statutes.
| Who holds it | The Clerk of Court in the county where the property was sold |
|---|---|
| Who gets paid first | Government liens on the property, then other lienholders by priority, then the former owner |
| Claim window | 120 days from the date of the clerk's mailed Notice of Surplus Funds |
| Form | A written claim, sworn and notarized (or signed before a deputy clerk). The clerk mails the form with the notice |
| If no one claims | The titleholder of record is presumed entitled, and the clerk handles it under Florida's unclaimed property law (chapter 717) |
How to claim Florida tax deed surplus
- Look for the clerk's Notice of Surplus Funds From Tax Deed Sale. It lists the tax deed number, certificate number, sale date, and surplus amount.
- Fill in the claim form that came with it. Say whether you are a lienholder or a former titleholder, and give the recording details if you know them.
- Sign it before a notary or deputy clerk and attach a copy of the notice.
- File it with the clerk within 120 days. A mailed claim counts as filed on its postmark date. Delivery in person or by courier counts on the delivery date. Fax or email counts on the day the clerk receives it, if the clerk allows those.
- Wait for the clerk's decision. Within 90 days after the claim period ends, the clerk either pays the claims by priority or asks the circuit court to decide if claims conflict.
Missed the notice?
Call the county clerk with the property address or parcel number and ask whether surplus funds are being held. If the claim window passed with no claims, the money is processed as unclaimed property, so also search Florida's free official site, Florida Treasure Hunt. Our Florida unclaimed property guide walks through that search.
Be careful with recovery companies
After a tax deed sale, former owners often get letters offering to recover the surplus for a percentage. You can file the claim yourself, with the form the clerk sends. If you do sign with someone, read how much they keep first.
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Also see how to find unclaimed money in your name and unclaimed money by state.
Frequently asked questions
What are surplus funds from a Florida tax deed sale?
When a property sells at a tax deed sale for more than the opening bid, the extra money is surplus. Under section 197.582, Florida Statutes, the county clerk first pays government liens, then holds the rest for people with an interest in the property, such as lienholders and the former owner.
How long do I have to claim Florida tax deed surplus funds?
The clerk mails a Notice of Surplus Funds. You have 120 days from the date of that notice to file a written, notarized claim with the clerk. Lienholders and others who miss the 120 days lose their claim. The statute treats the former property owner differently.
What happens if no one claims the surplus?
If the clerk gets no claims in the 120 days, the law presumes the legal titleholder of record is entitled to the money, and the clerk processes it under Florida's unclaimed property law (chapter 717). That is how some of it ends up in the state's unclaimed property program.
Do I need to pay a company to recover surplus funds?
No. You can file the claim with the county clerk yourself using the form the clerk sends. Many people get letters from recovery companies that take a cut. Read any contract carefully before signing.
Where do I file?
With the Clerk of Court in the county where the property was sold. The statute lets you mail it (postmark counts as the filing date), deliver it, or fax or email it if the clerk allows.