Florida (FL)

Recover Surplus Funds From Florida Foreclosure & Tax Deed Sales

Florida foreclosure and tax deed surpluses are governed by some of the strictest finder-fee rules in the country. We follow the statute exactly so claims actually pay.

How It Works

Free to check. No obligation. You pay nothing unless we recover funds for you.

67
Counties Covered
Direct
Filing supported
2 Types
Of Surplus Funds
Free
To Check Your Name

Florida is a judicial foreclosure state with a robust mortgage foreclosure docket and a separate tax deed sale process. After a foreclosure sale, surplus is held by the Clerk of Court; after a tax deed sale, surplus is held by the Tax Collector or Clerk depending on the county.

Florida regulates surplus recovery aggressively. Florida Statute § 45.033 limits assignment of mortgage foreclosure surplus rights and caps fees depending on the form of agreement: roughly 12% with a fee agreement, 25% with a power of attorney, and 30% under a consulting/attorney structure. The statute is technical and routinely litigated.

Tax deed surplus is governed by Chapter 197. After a tax deed sale, the Clerk holds the excess funds and notifies parties of record, including lienholders and the former owner. Claims must be filed within 120 days of the notice of surplus.

What Counts as Surplus Funds in Florida

Not every property sale generates a surplus, and the rules vary by source. Here's what we look for in Florida.

Mortgage Foreclosure Surplus

Held by the Clerk of Court after a judicial foreclosure sale. Florida Statute § 45.032 governs entitlement; § 45.033 governs the rules for assignments and finder agreements.

Tax Deed Sale Surplus

When a tax deed parcel sells for more than the minimum bid, the excess is held by the Clerk pending claims. Governed by Chapter 197 of the Florida Statutes.

How the Process Works in Florida

Florida has its own timelines and rules. Here are the key facts that drive a successful claim.

Timelines

Mortgage surplus claim window
60 days from clerk's certificate of disbursement before lienholder priority takes effect; longer windows apply for owners
Tax surplus claim window
120 days from the Clerk's notice of surplus
Redemption period
Up to the time of sale for tax deeds

Fees & Legal

Finder fee cap
Tiered: ~12% with simple fee agreement, 25% with power of attorney, 30% under consulting/attorney structure (FS § 45.033).
Attorney involvement
Not required. You can file directly, or we can handle it for you.
Statutory citation
Fla. Stat. §§ 45.032–45.033 (mortgage); Fla. Stat. ch. 197 (tax deed)

Major Florida Counties We Monitor

Miami-Dade County
Population ~2.67M
Largest county in Florida
Broward County
Population ~1.95M
Fort Lauderdale
Palm Beach County
Population ~1.51M
Hillsborough County
Population ~1.49M
Tampa
Orange County
Population ~1.43M
Orlando

We monitor all 67 Florida counties — these are just the largest.

No Upfront Cost

We work on contingency. If we don't recover funds, you owe us nothing.

Secure & Compliant

Funds flow through Escrow.com. We follow each state's finder rules — including Florida's.

Your Right to File

You always have the right to file a claim independently in Florida, at no cost.

Check If You're Owed Surplus in Florida

It takes 30 seconds. Enter your name and we'll search our database of unclaimed surplus funds across Florida foreclosures and tax sales.

Frequently Asked Questions — Florida

How long do I have to claim mortgage foreclosure surplus in Florida?

The Clerk distributes surplus on a statutory schedule. Owners and junior lienholders should file as soon as the certificate of disbursement is issued — generally within 60 days for lienholder priority. Our team monitors clerk dockets in all 67 counties.

How long do I have to claim tax deed surplus in Florida?

120 days from the Clerk's notice of surplus. After that, funds are paid out to the next-priority claimant or escheat to the state.

What is the maximum finder fee in Florida?

Florida Statute § 45.033 sets tiered limits: roughly 12% under a simple fee agreement, 25% under a power of attorney, and 30% under a consulting agreement involving an attorney. The statute is unforgiving — agreements that don't follow the form are unenforceable.

Can I assign my Florida surplus to a finder?

Florida Statute § 45.033 places strict requirements on assignments — they must be in writing, recorded, and made within specific timelines. We never use raw assignments; we use the statutory fee-agreement structure.

Do I need a Florida attorney to claim surplus?

Not strictly, but Florida claims involve enough complexity (lien priority, IRS notices, junior lienholder timing) that we partner with Florida attorneys on most contested cases.