What Documents You Need to Claim Florida Tax Deed Surplus Funds

Short answer

To claim surplus funds from a Florida tax deed sale, the former owner must file a sworn written claim with the clerk of court within 120 days of the notice of surplus funds. The surplus is the amount the property sold for above the unpaid taxes and the costs of the sale. For homestead property, the opening bid also includes one-half of the assessed value, and that amount is part of the surplus too.

Why it matters

Losing a property in a tax deed sale can be overwhelming, but understanding surplus funds is crucial. The surplus is held by the clerk of the circuit court, and it may represent a significant amount of money that rightfully belongs to the former owner after all debts and costs are paid. Failing to claim these funds promptly or submitting incomplete documentation can delay or jeopardize recovery. For many, this surplus can help with relocation, paying debts, or starting over after the loss of a home.

Steps

If you are the former owner of a property sold at a Florida tax deed sale, follow these steps to claim any surplus funds:

Wait for the Notice After the tax deed sale, the clerk of court will mail a notice of surplus funds to all parties who may have an interest, including the former owner.

Gather Required Documents Sworn Written Claim: Prepare a written claim, signed under oath, stating your right to the surplus. This must be filed with the clerk of court. Proof of Identity: Provide a copy of your government-issued photo ID (such as a driver’s license or passport). Proof of Ownership: Include documentation showing you were the titleholder of record at the time of the tax deed sale. This is usually a copy of the recorded deed or the property appraiser’s records. Mailing Address: Clearly state your current mailing address for correspondence and payment. File the Claim Submit your sworn written claim and supporting documents to the clerk of court in the county where the property was sold. Make sure to do this within 120 days of the date on the notice of surplus funds.

Monitor the Process The clerk will review claims and distribute funds according to Florida law. Governmental liens are paid first, then other lienholders (in order of priority), and then the former owner. If multiple parties file claims or if there is a dispute, the clerk may ask the circuit court to decide who is entitled to the funds in a process called interpleader.

If No Claim Is Filed by Lienholders If no lienholder files a claim within 120 days, the former owner is presumed entitled to the surplus. If the funds are not claimed, they are handled under Florida’s unclaimed property law, and the former owner or their beneficiaries may still pursue a claim through the Florida Department of Financial Services.

Example

Illustrative Example:

Suppose your homestead property was sold at a tax deed auction because of unpaid property taxes. The unpaid taxes and costs totaled $10,000. The property’s assessed value was $100,000, so the opening bid included $10,000 (taxes and costs) plus $50,000 (one-half of the assessed value), for a total opening bid of $60,000. The property sold for $65,000 at auction.

The surplus is the amount the property sold for above the unpaid taxes and the costs of the sale.
For homestead property, the opening bid also includes one-half of the assessed value, and that amount is part of the surplus too.
In this example, the surplus is $55,000 ($65,000 sale price minus $10,000 taxes and costs). The $50,000 (one-half of the assessed value) is included in the surplus calculation.

If you were the former owner, you would:

Receive a notice of surplus funds from the clerk of court
Prepare a sworn written claim, attach your ID and proof of ownership
File your claim with the clerk within 120 days

If no governmental liens or other lienholders claim the surplus within 120 days, you are presumed entitled to the funds.

Common pitfalls

Missing the 120-day deadline for lienholders: Lienholders who do not file within 120 days are barred from claiming the surplus. This bar does not apply to the former owner, but delays can complicate the process.
Incomplete documentation: Not including a sworn written claim, proof of identity, or proof of ownership can result in delays or denial.
Confusing tax deed sales with mortgage foreclosures: The process and rules for surplus distribution are different. Tax deed sales are triggered by unpaid property taxes, not mortgage defaults.
Not understanding the surplus calculation for homestead property: The one-half of the assessed value included in the opening bid is part of the surplus, even if the sale price does not exceed the opening bid.
Ignoring governmental liens: Governmental liens are paid first from the surplus, which can reduce the amount available to the former owner.
Not updating your mailing address: If the clerk cannot reach you, you may miss important notices or payments.

Summary

The surplus from a Florida tax deed sale is the amount the property sold for above the unpaid taxes and costs of the sale.
For homestead property, one-half of the assessed value is included in the opening bid and is part of the surplus too.
The clerk of court holds the surplus and distributes it first to governmental liens, then other lienholders, then the former owner.
A sworn written claim must be filed with the clerk within 120 days of the notice of surplus funds. Lienholders who miss this deadline are barred, but the former owner is not.
If no claim is filed within 120 days, the former owner is presumed entitled and may claim the funds under Florida’s unclaimed property law. Next steps:
Locate your notice of surplus funds and review the deadline.
Gather your proof of identity and ownership, and prepare your sworn written claim for the clerk of court.

This page provides general information and does not create an attorney-client relationship.

Important information

Attorney advertising. Responsible attorney: Christian Cruz, Esq. Office: CRUZ LAW FIRM, 160 W Camino Real, 589, Boca Raton, FL, 33432.

Florida law does not require you to hire a lawyer or anyone else to claim tax deed surplus funds. A former owner may file a claim with the clerk of court directly.

This page is general information about Florida law, not legal advice. Reading it does not create an attorney-client relationship, and no such relationship is formed until we have a signed written agreement.

Fee arrangements depend on the posture of the matter and are set out in a written agreement before any work begins. We are glad to explain how fees would work in your situation when we speak.

FAQ

What is a Florida tax deed surplus?

The surplus is the amount the property sold for above the unpaid taxes and the costs of the sale. For homestead property, the opening bid also includes one-half of the assessed value, and that amount is part of the surplus too.

Who holds the surplus funds after a tax deed sale?

The surplus is held by the clerk of court after a Florida tax deed sale.

What documents are needed to claim surplus funds?

You need a sworn written claim, proof of identity (such as a government-issued photo ID), and proof of ownership (such as a recorded deed or property appraiser’s record).

How long do I have to file a claim for surplus funds?

A sworn written claim must be filed with the clerk of court within 120 days of the date of the notice of surplus funds.

Who gets paid first from the surplus?

Governmental liens are paid first, then other lienholders (in order of priority), and then the former owner (titleholder of record).