State guides › Florida
Surplus funds in Florida
If a home in Florida sold at a foreclosure or tax sale for more than was owed, the former owner or heirs may be able to claim the difference.
How it usually works
After the sale, the extra money is typically held by the foreclosure trustee, the clerk of court, or a county office until someone with a valid claim comes forward. Notices are often mailed to the old address, so many people never hear about it.
A note on Florida rules
Florida law (Fla. Stat. §45.033) limits what an assignee of foreclosure surplus can be paid to 12% of the surplus and requires certain disclosures, including that the owner does not need an attorney or other representative to recover surplus funds.
Source: https://flsenate.gov/Laws/Statutes/2026/45.033. Summary only, not legal advice. Laws change; we confirm current rules on every file.
Can I file myself?
Often, yes. The office that handled the sale can tell you whether funds exist and what forms they need. If you’d rather have help, we’ll look for free and explain every option first.