Foreclosure Surplus Funds in Florida
Florida is a judicial foreclosure state, meaning all foreclosures go through the court system. Under Florida Statute §45.032, when a foreclosure auction generates surplus funds, the clerk of court holds the money. The junior lienholder has 60 days to file a claim, and the former owner has 60 days after the junior lienholders' deadline (or 1 year from the certificate of sale, whichever is first) to claim surplus funds. Many Florida homeowners miss this deadline. If unclaimed, funds eventually transfer to the state unclaimed property program.
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Foreclosure Surplus Funds in Florida — FAQ
Under Florida Statute §45.032, former homeowners typically have 1 year from the certificate of sale (issued the day of the auction) to file a claim. Do not wait — contact us today to determine your exact deadline.
Surplus funds from Florida court foreclosure sales are held by the clerk of the circuit court in the county where the foreclosure occurred. You (or your attorney) file a motion with that court to claim the funds.
While not required, an attorney is strongly recommended given court procedures and filing deadlines. We connect you with Florida surplus recovery attorneys who work on contingency — no upfront fees.
After the court claim deadline, unclaimed funds go to Florida's Department of Financial Services under the Unclaimed Property program. You can still file a claim there, often without a court petition. Contact us — we can help regardless of where the funds are held.
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