The Short Answer

In Florida, waiting on foreclosure surplus funds usually does not stop the new owner from seeking possession. Once the court process reaches a judgment for possession and a writ is issued, the timeline can move quickly—often with only 24 hours’ posted notice before the sheriff restores possession.

What Florida Law Says

Florida treats surplus funds (money left over after the foreclosure judgment is paid) as a separate issue from who has the right to possess the property. In other words, you can be entitled to surplus funds and still be required to move out if the purchaser is entitled to possession.

The Statute

The primary law governing entitlement and distribution of foreclosure surplus is Fla. Stat. § 45.032.

This statute creates a presumption that the owner of record as of the lis pendens date is entitled to surplus funds (after timely subordinate lienholder claims), and it also explains what happens if the surplus remains undistributed (including when it may be treated as unclaimed).

Separately, when a court enters a judgment for possession in a residential possession case, Florida law allows the clerk to issue a writ of possession, and the sheriff can restore possession after a short notice period. See Fla. Stat. § 83.62 (24-hour posted notice before execution of the writ in an action for possession).

Why You Should Speak with an Attorney

Even though the statutes provide the general framework, trying to “delay eviction” while you pursue surplus funds can backfire if you miss a deadline or respond in the wrong case (possession vs. surplus). Legal outcomes often depend on:

• Strict Deadlines: In a possession matter, the writ process can move fast—Florida law allows execution after 24 hours’ posted notice once a writ issues. See Fla. Stat. § 83.62.
• Burden of Proof: If there are competing claims to surplus funds (lienholders, assignees, heirs/estate issues), the court may require evidence and hearings to determine entitlement under Fla. Stat. § 45.032.
• Exceptions and Case Posture: Your options can differ depending on whether you are still in the original foreclosure case, whether a separate possession action has been filed, whether the certificate of title has issued, and whether you are claiming surplus as an owner, heir, or assignee.

Because possession and surplus are often handled on different tracks, an attorney can evaluate whether there is a lawful basis to request more time (and how that interacts with your surplus claim) without turning your surplus recovery into a bigger legal problem.

For more background, you may also find these helpful: What Is a Surplus Funds Case in Florida? and Retrieving belongings after a 24-hour notice/writ situation.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.