Florida Surplus Funds and Excess Proceeds

Also called surplus funds, excess proceeds, overbid, tax deed surplus in Florida.

Confirmed unclaimed
$6,866,789
Cases
645
Counties
1

Balances confirmed against clerk records, most recently 8/13/2026. Amounts change as claims are paid.

What Surplus Funds Is

When a Florida property sells at a tax deed auction for more than the opening bid, the extra money is called surplus funds. The county Clerk of the Circuit Court and Comptroller holds that money for the people who had an interest in the property on the day the tax deed application was made β€” usually the former owner, and sometimes a lienholder whose claim was wiped out by the sale.

Florida gives those parties a limited window to claim it. Under Fla. Stat. 197.582, the clerk mails a notice of surplus funds and a claim form to every party named in the property information report. A claim must be filed with the clerk within 120 days of that notice; if nobody claims the money, the clerk sends it to the Florida Department of Financial Services, where it becomes unclaimed property under Chapter 717.

You never have to pay anyone to get your own surplus funds. Filing directly with the clerk is free. Third-party recovery companies are allowed to help, but Florida caps their fee at 12% of the surplus, and a claim you file yourself costs nothing at all.

LeadTrace publishes only the surplus amounts a Florida clerk has published itself. We do not estimate balances, and we do not present our own arithmetic as a clerk balance.

Florida Law at a Glance

Recovery fee cap
12% of the surplusFla. Stat. 197.582
Time to claim
120 days from the sale
Transferred out if unclaimed
120 days after the sale
Unclaimed funds go to
Florida Dept of Financial Services (Unclaimed Property, Ch. 717)
Assigning your claim
Permitted, subject to statutory disclosure requirements
Non-attorney recovery companies
Permitted

Last verified 2026-08-13.

How To Claim Surplus Funds in Florida

You do not need an attorney or a recovery company to claim these funds. Filing directly with the clerk is free.

If you choose to hire someone, Florida caps what they can charge at 12% of the surplus.

  1. Find the office holding the money

    Contact the Clerk of the Circuit Court and Comptroller in the county where the property sold. That office holds the funds and controls the claim process.

  2. Confirm you were the owner of record

    You have a claim if you owned the property on the date the tax deed application was made. Heirs of a deceased owner can also claim, usually through probate or a small-estate procedure.

  3. Gather your documents

    Typically a government-issued photo ID, proof of your current address, and the deed or another document showing you held title. Heirs will also need a death certificate and probate paperwork.

  4. File before the deadline

    File the claim form with the clerk. 120 days after the sale, anything still unclaimed is transferred to Florida Dept of Financial Services (Unclaimed Property, Ch. 717), and you have to claim it there instead.

Where the Money Is Held β€” 1 Florida Counties

CountyClerk OfficeCasesTotal HeldOfficial ListVerified
MarionMarion County Clerk of Court and Comptroller645$6,866,789Open2026-08-13

Common Questions

How long do I have to claim surplus funds in Florida?

You have 120 days from the clerk's notice of surplus funds. After that the clerk transfers the money to the Florida Department of Financial Services as unclaimed property under Chapter 717, and you must claim it from the state instead.

Do I have to pay a recovery company to get my money?

No. Filing a claim directly with the clerk is free. Florida caps a third-party recovery fee at 12% of the surplus, so anyone asking for more than that is outside the statute.

Who is entitled to Florida surplus funds?

The parties who held an interest in the property on the date the tax deed application was made β€” most often the former owner, and in some cases a lienholder whose lien was extinguished by the sale.

Other Florida Distress Records

Statutory summaries are research aids, not legal advice. Verify current law and current balances with the county clerk or a licensed attorney.

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