Answer We help former owners in Miami-Dade 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 your property was sold at a tax deed sale in Miami-Dade County because of unpaid property taxes, you may be entitled to claim surplus funds held by the Miami-Dade County Clerk of the Circuit Court. This process is different from a mortgage foreclosure. Our firm guides former owners and eligible parties through the steps to claim these funds, ensuring all requirements are met and deadlines observed.

Why choose us

  • We focus on helping former owners and their families navigate the tax deed surplus process in Miami-Dade County.
  • Our office is conveniently located at 160 W Camino Real, 589, Boca Raton, FL 33432.
  • You can reach us at (561) 933-4747 during our regular business hours for questions or to schedule a consultation.
  • We handle all communication and filings with the Miami-Dade County Clerk of the Circuit Court on your behalf.

Services offered

  • Review of your eligibility to claim surplus funds after a Miami-Dade County tax deed sale.
  • Preparation and filing of the sworn written claim with the clerk of court.
  • Assistance with gathering supporting documents, including for heirs or beneficiaries if the former owner has passed away.
  • Representation in court if the clerk refers the matter to the circuit court for a decision (interpleader).
  • Guidance for claims involving surplus funds that have been transferred to the Florida Department of Financial Services under unclaimed property law.

Steps

  1. Review the tax deed sale
    Confirm that the property was sold at a Miami-Dade County tax deed sale and determine if surplus funds exist.

  2. Receive notice of surplus
    The Miami-Dade County Clerk of the Circuit Court mails a notice of surplus funds after the sale.

  3. File a sworn written 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, and finally the former owner.

  4. Respond to conflicting claims
    If multiple claims are filed, the clerk may refer the matter to the circuit court for a decision.

  5. Collect funds or pursue unclaimed property
    If no claim is filed within 120 days, the former owner is presumed entitled, and the funds may be handled under Florida’s unclaimed property law. We assist with claims to the Department of Financial Services if needed.

Example

Example scenario:
A Miami-Dade County homeowner lost their homestead property at a tax deed sale because of unpaid property taxes. The property sold for $120,000. The unpaid taxes and sale costs totaled $10,000. The opening bid included one-half of the assessed value, which was $25,000. 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 held by the Miami-Dade 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 receiving surplus funds. This bar does not apply to the former owner.
  • Confusing tax deed sales with mortgage foreclosure: The tax deed process is different and has its own rules for surplus distribution.
  • Incomplete or incorrect claims: Claims must be sworn and properly documented to be accepted by the Miami-Dade County Clerk of the Circuit Court.
  • Overlooking governmental liens: Governmental liens are paid before other claims, which can affect the amount available to the former owner.
  • Not addressing conflicting claims: If multiple parties file claims, the clerk may refer the matter to the circuit court, which can delay distribution.

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 Miami-Dade County tax deed sale? The surplus funds are held by the Miami-Dade County Clerk of the Circuit Court. Who gets paid from the surplus, and in what order? Governmental liens are paid first. Then, other lienholders are paid in order of priority, and finally, the former owner (the titleholder of record) may claim 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 notice of surplus funds. Lienholders who do not file within this period are barred from claiming. This bar does not apply to the former owner. What happens if no claim is filed within 120 days? If no claim is filed, the former owner is presumed entitled to the surplus, and the funds may be transferred to the Florida Department of Financial Services as unclaimed property. We assist with claims for surplus funds that have been sent to the Department. Can the clerk decide who gets the surplus if there are conflicting claims? If there are conflicting claims, the clerk may refer the matter to the circuit court in a case called an interpleader, and the court will decide who is entitled to the funds. Is this the same as a mortgage foreclosure surplus? No. Tax deed sales and mortgage foreclosures are different processes with different rules for surplus funds. Do I need a lawyer to file a claim? A former owner may file a claim for surplus funds directly with the clerk. Our firm assists with the process and represents clients in more complex situations, including court proceedings and unclaimed property claims.

This page provides general information about tax deed surplus funds recovery in Miami-Dade County, FL. It 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.