Answer

We help former property owners in Broward County, FL recover surplus funds held by the clerk of court after a tax deed sale. 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.

If you have lost your property in Broward County due to unpaid property taxes, you may be entitled to surplus funds from the tax deed sale. Our firm assists former owners and eligible parties with the process of claiming these funds from the Broward County Clerk of the Circuit Court, ensuring all requirements are met and deadlines are observed.

Why choose us

  • We focus on helping former owners and their families navigate the tax deed surplus process in Broward County, FL.
  • Our office is conveniently located at 160 W Camino Real, 589, Boca Raton, FL 33432.
  • You can reach us at (561) 933-4747 during regular business hours.
  • We provide clear guidance on the steps required and keep you informed throughout the process.

Services offered

  • Reviewing the tax deed sale records and surplus notices from the Broward County Clerk of the Circuit Court.
  • Preparing and filing sworn written claims for surplus funds on behalf of former owners or eligible heirs.
  • Addressing issues involving governmental liens, other lienholders, and the order of distribution.
  • Representing clients in court if the clerk refers the matter for a judge to decide (interpleader).
  • Assisting with claims for surplus funds that have been transferred to the Florida Department of Financial Services under the unclaimed property law.

Steps

  1. Review the surplus notice: After a tax deed sale, the Broward County Clerk of the Circuit Court mails a notice of surplus funds to interested parties.
  2. Determine eligibility: Confirm whether you are the former owner, an heir, or a lienholder with a valid claim to the surplus.
  3. Gather documentation: Collect the necessary documents, such as proof of ownership, identification, and any relevant lien information.
  4. File a sworn written claim: Submit your claim to the clerk within 120 days of the date on the surplus notice. Lienholders who do not file within this period are barred, but this bar does not apply to the property owner.
  5. Monitor the process: The clerk will review all claims. If there are conflicting claims, the clerk may ask the circuit court to decide who is entitled to the funds.
  6. Receive distribution: Once the order of distribution is determined, the clerk disburses the surplus funds according to Florida law.

Example

Example scenario:

A Broward County homeowner lost their homestead property in a tax deed sale because of unpaid property taxes. The property sold at auction for $120,000. The unpaid taxes and costs of the sale totaled $10,000. The opening bid included one-half of the assessed value, which was $30,000. 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 held by the Broward County Clerk of the Circuit Court would be $110,000 ($120,000 sale price minus $10,000 taxes and costs). The order of distribution would be: first, any governmental liens; second, other lienholders in order of priority; and finally, the former owner.

Common pitfalls

  • Missing the 120-day deadline: Lienholders who do not file a claim with the clerk within 120 days of the surplus notice are barred from receiving funds. This bar does not apply to the former owner.
  • Confusing tax deed sales with mortgage foreclosures: The tax deed process is different from foreclosure. Surplus rules for mortgage foreclosures do not apply.
  • Incomplete documentation: Failing to provide all required documents can delay or prevent recovery of surplus funds.
  • Overlooking governmental liens: Governmental liens are paid before other claims, which can affect the amount available to the former owner.
  • Not monitoring for interpleader: If multiple claims are filed, the clerk may refer the matter to the circuit court, requiring additional steps.

FAQ

What is a tax deed sale? A tax deed sale occurs when property taxes go unpaid. The holder of a tax certificate applies for a tax deed, and the clerk of the circuit court sells the property at a public auction. This is a different process from a mortgage foreclosure. What is the surplus from a tax deed sale? 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 in Broward County? The surplus funds are held by the Broward County Clerk of the Circuit Court. Who is entitled to receive the surplus funds? First, governmental liens are paid. Next, other lienholders are paid in order of priority (senior before junior). Finally, the former owner (the titleholder of record) is entitled to any remaining surplus. How long do I have to file a claim for surplus funds? A sworn written claim must be filed with the clerk within 120 days of the date of the surplus notice. Lienholders who do not file within this period are barred. This bar does not apply to the property owner. What happens if multiple claims are filed? If there are conflicting claims, the clerk may refer the matter to the circuit court for a judge to decide who is entitled to the funds in a proceeding called an interpleader. What if no claim is filed within 120 days? If no claim is filed within 120 days, the titleholder of record is presumed entitled to the surplus, and the funds are handled under Florida’s unclaimed property law. We also assist former owners and heirs with claims for surplus funds that have been sent to the Florida Department of Financial Services. Do I need a lawyer to file a claim for surplus funds? A former owner may file a claim directly with the clerk. Our firm is available to assist with the process if you choose.

This page provides general information about tax deed surplus funds recovery in Broward 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 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.