Returned Equity

How to claim tax deed sale surplus in Florida

After a Florida tax deed sale, the clerk of court pays the lienholders and holds any surplus. The former owner files a sworn, notarized claim with the clerk.

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What the money is

When a Florida property is sold at a tax deed sale for more than the certificate holder's bid, the clerk first pays any government liens of record. The clerk holds the rest, the surplus, for the people with an interest in the property, such as mortgage holders, other lienholders and the former owner. The clerk mails each of them a notice.

Source: Florida Statutes § 197.582(2).

The 120 days, and why owners have longer

Source: § 197.582(2)–(5).

How to check

  1. Check the county clerk's surplus funds list. Volusia County publishes one, and our free lookup searches it.
  2. Note the tax deed or certificate number.

How to claim

  1. Fill in the clerk's "Claim to Receive Surplus Proceeds of a Tax Deed Sale" form. The law sets out its contents: who you are, whether you were a lienholder or titleholder, your recorded deed details if you know them, and the amount you claim.
  2. Sign it under oath before a notary or a deputy clerk.
  3. Send it by mail (the postmark is the filing date), deliver it, or email or fax it if the clerk allows that.
  4. Within 90 days after the claim period ends, the clerk either pays the claims in order of priority or asks the circuit court to decide.

Source: § 197.582(3)–(6). Last checked 2026-10-23 against the text of § 197.582 on leg.state.fl.us.