Answer

We help former owners in Duval 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 lost your property in Duval County because of unpaid property taxes, you may be entitled to claim surplus funds from the tax deed sale. Our firm guides former owners and heirs through the process of claiming these funds from the Duval County Clerk of the Circuit Court.

Why choose us

  • We focus on helping former owners and their families recover surplus funds after a tax deed sale.
  • We handle all paperwork, filings, and communications with the Duval County Clerk of the Circuit Court.
  • Our office is located at 160 W Camino Real, 589, Boca Raton, FL 33432, and we serve clients throughout Florida, including Duval County.
  • Reach us at (561) 933-4747 during our regular business hours for guidance on your situation.

Services offered

  • Reviewing your eligibility to claim surplus funds after a Duval County tax deed sale.
  • Preparing and filing the required sworn written claim with the Duval County Clerk of the Circuit Court.
  • Representing former owners, heirs, and beneficiaries in surplus claims, including cases where the surplus has been sent to the Florida Department of Financial Services as unclaimed property.
  • Advising on the order of payment, including governmental liens and other lienholders.
  • Handling court proceedings if the clerk refers the matter to the circuit court for a decision (interpleader).

Steps

  1. Notice of surplus: After a tax deed sale, the Duval County Clerk of the Circuit Court mails a notice of surplus funds to interested parties.
  2. Determine eligibility: We review your situation to confirm your right to claim the surplus as the former owner or as an heir.
  3. File a claim: A sworn written claim must be filed with the clerk within 120 days of the date of the notice. Governmental liens are paid first, then other lienholders, then the former owner.
  4. Wait for review: The clerk reviews all claims. If there are conflicting claims, the clerk may ask the circuit court to decide who is paid.
  5. Receive funds: If your claim is approved, the clerk disburses the surplus funds. If no claim is filed within 120 days, the former owner is presumed entitled, and the funds are handled under Florida’s unclaimed property law.

Example

Example scenario:
A Jacksonville 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. Because it was a homestead, the opening bid also 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. After governmental liens and other lienholders are paid, the former owner may claim the remaining surplus from the Duval County Clerk of the Circuit Court.

Common pitfalls

  • Missing the 120-day deadline: Lienholders who do not file a claim with the clerk within 120 days of the notice are barred from payment. This bar does not apply to the former owner.
  • Confusing tax deed sales with mortgage foreclosures: Tax deed sales are a different process from mortgage foreclosure. The rules and timelines are not the same.
  • Not understanding the order of payment: Governmental liens are paid first, then other lienholders (senior before junior), then the former owner.
  • Incomplete or incorrect paperwork: Claims must be sworn and filed properly with the Duval County Clerk of the Circuit Court.
  • Not claiming surplus sent to unclaimed property: If no claim is filed within 120 days, the surplus may be transferred to the Florida Department of Financial Services. The firm can assist former owners and heirs in recovering these funds.

FAQ

What is a tax deed sale? A tax deed sale happens 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 in 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 Duval County tax deed sale? The surplus funds are held by the Duval County Clerk of the Circuit Court. Who gets paid from the surplus, and in what order? Governmental liens are paid first, followed by other lienholders (senior before junior), and then the former owner of the property. 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 notice of surplus funds. Lienholders who do not file within that time are barred. This bar does not apply to the property owner. What happens if no claim is filed within 120 days? If no claim is filed within 120 days, the former owner is presumed entitled to the surplus, and the funds are handled under Florida’s unclaimed property law. The firm can assist with claims for surplus that has been sent to the Florida Department of Financial Services. Can the clerk ask the court to decide who gets the surplus? Yes. If there are conflicting claims, the clerk may refer the matter to the circuit court in a case called an interpleader. Do I need a lawyer to file a claim? The former owner may file a claim directly with the Duval County Clerk of the Circuit Court. The firm assists those who want help with the process.

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