The Short Answer

In Florida, surplus funds from a judicial foreclosure are typically handled inside the foreclosure case file (not a North Carolina “special proceedings” file), and surplus funds from a tax deed sale are handled through the clerk of court’s tax deed surplus process. To locate the right file, you generally need the Florida county circuit court case number (foreclosure) or the tax deed number/certificate number (tax deed sale), and then confirm whether surplus exists and who is legally entitled to claim it.

What Florida Law Says

Florida treats “surplus funds” differently depending on whether they came from a mortgage foreclosure sale or a tax deed sale. In a mortgage foreclosure, the clerk holds and disburses surplus funds only under the rules in Chapter 45, and there is a statutory presumption about who is entitled to the surplus (usually the owner of record as of the lis pendens date, after timely subordinate lien claims). In a tax deed sale, the clerk must send notice and impose a strict claim window for lienholders, and then distribute surplus according to statutory priorities.

The Statute

The primary law governing foreclosure surplus funds is Fla. Stat. § 45.032.

This statute establishes a presumption that the owner of record on the date the lis pendens was filed is entitled to surplus funds after subordinate lienholders with timely claims are paid, and it also addresses when surplus is treated as unclaimed and remitted under Florida’s unclaimed property framework.

For tax deed sale surplus, the key statute is Fla. Stat. § 197.582, which sets out how the clerk disburses proceeds and requires notice and a 120-day claim deadline for many claimants.

If your situation involves a deceased former owner, probate issues often control who can sign, claim, or receive the funds. For more background, see What Is a Surplus Funds Case in Florida? and claiming foreclosure surplus funds when the owner has died.

Why You Should Speak with an Attorney

Even when you have the “right file number,” surplus funds claims can go sideways quickly because the legal entitlement is not just a paperwork issue—it is a priority and proof issue. Outcomes often depend on:

• Strict Deadlines: Tax deed surplus claims can be barred if not made within the statutory window (including the 120-day claim period described in Fla. Stat. § 197.582), and foreclosure surplus can be remitted as unclaimed after time passes under Fla. Stat. § 45.032.
• Burden of Proof: If you are not the “owner of record,” or you are claiming through an estate, trust, assignment, or heirship, you may need court-approved proof of authority and entitlement—especially if there are competing claimants.
• Exceptions and Priority Disputes: Subordinate lienholders, governmental liens, bankruptcy issues, and disputed assignments can trigger hearings and litigation over who gets paid first and whether a claim is valid.

Because surplus funds are distributed by statute and court order, a small mistake (wrong case, wrong claimant, wrong capacity, missed deadline, or incomplete proof) can delay payment or result in denial.

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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.