Foreclosure Surplus Funds in Florida: Who Gets the Money
By Israel Chen ·
Short answer: After a Florida foreclosure sale, the owner of record on the date the lis pendens was filed is presumed entitled to any surplus, after subordinate lienholders who filed on time. One year after the sale, what's left is presumed unclaimed and goes to the state.
The rules (s. 45.032)
- Subordinate lienholders who claim on time are paid first.
- The clerk may ask for proof of identity.
- Someone claiming as an assignee must prove entitlement, and the court can hold a hearing.
- The owner's claim form certifies that the right hasn't been sold or assigned.
- One year after the sale, the surplus is presumed unclaimed under s. 717.113, unless a court case about it is pending.
This is a different statute from tax deed surplus, with different deadlines. Check which kind of sale you're dealing with.
Questions
How long do I have to claim foreclosure surplus in Florida?
Claim before the clerk reports it as unclaimed. One year after the sale, remaining surplus is presumed unclaimed.
Sources
Israel Chen buys Florida tax deeds, mostly in Volusia County. MBA, second-year law student (not a lawyer) and computer scientist. About me.
Next: the Florida guide, the Volusia guide, the glossary, or work with me. Not legal, tax or investment advice.