Answer: We help former homeowners in Orange County, FL understand and claim foreclosure surplus funds held by the clerk of court after a judicial foreclosure sale. Our firm guides clients through the process, including claims for surplus funds that have been transferred to the Florida Department of Financial Services as unclaimed property.

If your home in Orange County, FL was sold in a judicial foreclosure, there may be surplus funds held by the clerk of the circuit court. These funds are not automatically sent to you, but you may have a right to claim them as the former owner. We assist homeowners and beneficiaries in navigating the court process to recover these funds, and can also help with claims made to the Department of Financial Services if the surplus has been transferred as unclaimed property.

Why choose us

  • We focus on helping former homeowners and beneficiaries understand their rights under Florida’s judicial foreclosure process.
  • Our office is located at 160 W Camino Real, 589, Boca Raton, FL 33432, and we serve clients throughout Orange County and the Orlando area.
  • You can reach us at (561) 933-4747 during our regular business hours for guidance on your specific situation.

Services offered

  • Reviewing court records to determine if a surplus exists after a judicial foreclosure sale in Orange County, FL.
  • Preparing and filing surplus claims with the Orange County Clerk of the Circuit Court.
  • Representing former owners and beneficiaries in court proceedings to establish entitlement to surplus funds.
  • Assisting with claims to the Florida Department of Financial Services if the surplus has been transferred as unclaimed property after one year.
  • Advising on the distribution order, including subordinate lienholder claims and the rights of the owner of record.
  • Explaining the difference between foreclosure surplus and tax-deed surplus (which is a separate process not covered here).

Steps

  1. Review the final judgment and sale records
    Confirm that the foreclosure was judicial and check if the sale resulted in surplus funds held by the Orange County Clerk of the Circuit Court.

  2. Determine eligibility
    Identify whether you are the owner of record as of the date the lis pendens was filed, or a beneficiary if the owner has passed away.

  3. Check for subordinate lienholder claims
    Review the court file to see if any subordinate lienholder has filed a timely claim for the surplus.

  4. Prepare and file a claim
    Submit a claim for the surplus funds with the clerk of court, following the procedures set by the court.

  5. Attend any required hearings
    If the court schedules a hearing to determine entitlement, participate and present your claim.

  6. Monitor the one-year period
    If the surplus is not claimed within one year after the sale, it will be sent to the Florida Department of Financial Services as unclaimed property. Claims after this point are made to the Department, not the clerk.

Example

Example scenario:
A homeowner in Orlando loses their home to a judicial foreclosure. The final judgment orders the sale, and the property sells for $250,000. The judgment amount, including all costs, is $220,000. The Orange County Clerk of the Circuit Court holds the $30,000 surplus in the court registry. No subordinate lienholder files a claim. The former owner, as the owner of record when the lis pendens was filed, may file a claim with the clerk to recover the surplus. If no claim is made within one year, the surplus is sent to the Florida Department of Financial Services as unclaimed property, and only the owner or their beneficiary may claim it from the Department.

Common pitfalls

  • Not realizing that Florida is a judicial foreclosure state, and that the surplus is held by the clerk of the circuit court, not the lender.
  • Missing the fact that subordinate lienholders who file timely claims may be paid before the former owner.
  • Waiting more than one year after the sale, which means the surplus is transferred to the Florida Department of Financial Services as unclaimed property (but it is not lost).
  • Confusing foreclosure surplus with tax-deed surplus, which is a different process not covered here.
  • Assuming you need a lawyer or third party to file a claim; the owner may file directly with the clerk, but legal guidance can help navigate the process.
  • Assigning your rights to a surplus recovery company without understanding that, by law, an assignee’s total compensation is capped at 12 percent of the surplus.

FAQ

What is foreclosure surplus in Orange County, FL? Foreclosure surplus is the extra money left after a judicial foreclosure sale, once the final judgment amount and any subordinate lienholder claims are paid. The surplus is held by the Orange County Clerk of the Circuit Court. Who is entitled to the surplus funds? After the amounts in the final judgment are paid, subordinate lienholders who file timely claims may be paid next. Any remaining surplus is paid to the owner of record as of the date the lis pendens was filed. How long do I have to claim the surplus? You may file a claim with the clerk of court until one year after the sale. After one year, any surplus still held by the clerk is sent to the Florida Department of Financial Services as unclaimed property. The money is not lost, but from then on, only the owner of record or the beneficiary of a deceased owner may claim it from the Department. Do I need a lawyer to claim surplus funds? No. Florida law allows the owner to file a claim directly with the clerk of court. However, the process can involve court filings and hearings, and legal guidance may help avoid mistakes. What if the surplus has already been sent to the Department of Financial Services? If more than one year has passed and the surplus is now unclaimed property, we can assist the owner of record or the beneficiary of a deceased owner in making a claim to the Department. Is this the same as tax-deed surplus? No. Tax-deed surplus is a separate process with different rules and is not covered on this page. How are fee arrangements handled? Fee arrangements depend on the posture of the matter and are set out in a written agreement before any work begins.

This page provides general information about foreclosure surplus funds recovery in Orange County, FL 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 foreclosure surplus funds. A former owner may file a claim with the clerk of court directly, and does not have to assign their rights to anyone to do so.

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.