Answer Tax deed surplus funds recovery helps former owners claim money left over after a tax deed sale in Polk County, Florida. 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 Polk County due to unpaid property taxes, you may be entitled to claim surplus funds held by the Polk County Clerk of the Circuit Court after a tax deed sale. This process is different from a mortgage foreclosure and involves specific rules and deadlines. Our firm assists former owners and other eligible parties in navigating the surplus recovery process, ensuring all required steps are completed properly.
Why choose us
- We focus on helping former owners and their families recover surplus funds after a Polk County tax deed sale.
- Our office is located at 160 W Camino Real, 589, Boca Raton, FL 33432, and we serve clients throughout Florida.
- You can reach us at (561) 933-4747 during regular business hours.
- We handle all communications with the Polk County Clerk of the Circuit Court and prepare the necessary filings.
Services offered
- Reviewing Polk County tax deed sale records to determine surplus eligibility.
- Preparing and filing sworn written claims with the Polk County Clerk of the Circuit Court.
- Representing former owners, lienholders, and heirs in surplus proceedings.
- Responding to notices from the clerk and addressing any disputes or interpleader actions in circuit court.
- Assisting with claims for surplus funds that have been transferred to the Florida Department of Financial Services under chapter 717, Florida Statutes.
Steps
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Review the tax deed sale
Confirm that a surplus exists by examining the sale records from the Polk County Clerk of the Circuit Court. -
Receive notice of surplus funds
The clerk mails a notice of surplus funds to interested parties after the sale. -
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 in order of priority, and finally the former owner. -
Wait for the clerk’s review
The clerk reviews all claims. If there are conflicting claims, the clerk may ask the circuit court to decide who is paid in a case called an interpleader. -
Disbursement or transfer
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 former owner in Polk County lost their homestead property in a tax deed sale after falling behind on 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. After governmental liens and other lienholders are paid, the former owner may file a claim with the clerk of court to recover any remaining surplus.
Common pitfalls
- Missing the 120-day deadline to file a sworn written claim with the Polk County Clerk of the Circuit Court. Lienholders that do not file within this period are barred from claiming.
- Confusing tax deed sales with mortgage foreclosures. The surplus process is different and follows section 197.582, Florida Statutes.
- Not understanding the order of payment: governmental liens are paid first, then other lienholders, then the former owner.
- Failing to provide all required information or proper documentation in the claim.
- Overlooking surplus funds that have been transferred to the Florida Department of Financial Services if no timely claim was filed.
FAQ
What is a tax deed sale? A tax deed sale happens when property taxes go unpaid in Polk County. 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 Polk County? The Polk County Clerk of the Circuit Court holds the surplus funds after a tax deed sale. Who is entitled to the surplus funds? Governmental liens are paid first, then other lienholders in order of priority, and then the former owner (the titleholder of record). 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 that do not file within that time are barred. This bar does not apply to the property owner. What happens if multiple people claim the surplus? If there are conflicting claims, the clerk may ask the circuit court to decide who is paid, in a case 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, and the funds are handled under Florida’s unclaimed property law. Can the former owner file a claim without a lawyer? Yes, the former owner may file a claim directly with the clerk. Do you help with surplus funds sent to the Florida Department of Financial Services? Yes, we assist former owners and heirs with claims for surplus that has been transferred to the Department under chapter 717, Florida Statutes.
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.