Surplus Funds from Tax Deed Sale
Notice of Surplus Funds
When a property is sold at a tax deed sale, the proceeds first pay for the delinquent taxes and the costs of bringing the property to auction. Any surplus over the opening bid amount is deposited with the Clerk and Comptroller and is subject to a registry fee.
The Clerk will mail a Notice of Surplus Funds to all parties listed on the Property Information Report, under F.S.197.502(4), along with the required claim form(PDF, 264KB) and instructions.
About Third-Party Asset Recovery Companies
Property owners may receive a solicitation from a third-party asset recovery provider offering to assist them with claiming surplus funds from a tax deed sale, keeping a portion of the surplus funds as their fee. Property owners may submit a claim for surplus funds from a tax deed sale directly to the Clerk and Comptroller at no fee and without additional assistance.
How can I claim Surplus Funds?
F.S.197.582 dictates the process to claim surplus funds by governmental lienholders, non-governmental lienholders, and owners of record.
Claimants have 120 days from the date of the Notice of Surplus Funds to submit a notarized claim to the Clerk and Comptroller. Claims can be submitted by mail, email, fax, or hand delivery.
Once the claim window has closed, the Clerk and Comptroller will make a determination according to the priorities set forth in F.S.197.582. Depending on the claim documentation submitted, the determination process may take four to seven (4-7) months. The Clerk and Comptroller’s Office may contact Claimants directly if additional information or documentation is required in consideration of a surplus claim.
All fraudulent claims shall be referred for prosecution.
To check the status of your claim, access the online Tax Deed records and search by the tax deed file number. Payment of surplus funds is issued by the Clerk and Comptroller upon written determination, which will be filed in the tax deed record.
What happens to unclaimed Surplus Funds?
The Clerk and Comptroller holds Surplus funds for one year. If our office receives no claims within one year from the date of the Notice of Surplus Funds, the monies are transferred to the State of Florida for holding.
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