Florida · money left over after a foreclosure sale
Clerk of the circuit court in the county where the foreclosure sale was held
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.
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.
Ask the clerk for the deadline.
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)
Clerk service charges are deducted; some clerks charge a reopening fee (Miami-Dade: $50)
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.