Florida · money left over after a foreclosure sale

You can claim it yourself, no finder needed

Who holds it

Clerk of the circuit court in the county where the foreclosure sale was held

How long

One year after the sale, unclaimed surplus goes to the state's unclaimed property program (Dept. of Financial Services), unless a court case about it is pending. After that, only the owner of record or a deceased owner's beneficiary can claim it. A surplus under $10 goes to the clerk.

How you claim

File an 'Owner's Claim for Mortgage Foreclosure Surplus' (sworn, notarized) in the foreclosure case with the clerk. If no subordinate lienholder claims, the court orders the clerk to pay you; you do not need a lawyer.

If someone offers to do it for you

Checklist: Florida, money left over after a foreclosure sale

Who holds it: Clerk of the circuit court in the county where the foreclosure sale was held

How long: One year after the sale, unclaimed surplus goes to the state's unclaimed property program (Dept. of Financial Services), unless a court case about it is pending. After that, only the owner of record or a deceased owner's beneficiary can claim it. A surplus under $10 goes to the clerk.

How you claim: File an 'Owner's Claim for Mortgage Foreclosure Surplus' (sworn, notarized) in the foreclosure case with the clerk. If no subordinate lienholder claims, the court orders the clerk to pay you; you do not need a lawyer.

Your deadline: ____________ (confirm it with the clerk)

Steps

  1. Call the clerk's foreclosure unit soon after the certificate of sale to ask whether there is surplus.
  2. Fill out the Owner's Claim for Mortgage Foreclosure Surplus and sign it before a notary.
  3. File it in the foreclosure case; the clerk may ask you to prove your identity.
  4. A hearing may be set, especially if lienholders also claim.

Documents

What it costs you

Clerk service charges are deducted; some clerks charge a reopening fee (Miami-Dade: $50)

If someone offers to do it for you

Official links

Source: Fla. Stat. § 45.032; Fla. Stat. § 45.033; Fla. Stat. §45.031; Fla. Stat. §45.033(2)(e); Fla. Stat. §45.034; Fla. Stat. §45.035; Fla. Stat. §45.032(3)(a). Researched, not yet checked by a lawyer; confirm with the clerk. Not legal advice.