Brevard County Florida Foreclosure Surplus Funds Guide
Brevard County Foreclosure Surplus Funds Guide (Foreclosure Sales Only)
If your property in Brevard County, Florida was sold at a judicial foreclosure sale, you may be entitled to foreclosure surplus funds, also known as excess proceeds. These funds are often overlooked by former homeowners, heirs, and estates—despite being legally owed to them.
This guide is written for former property owners, heirs, and estates searching for how to claim foreclosure surplus funds in Brevard County. It explains how surplus funds are created, where they are held, how to file a claim correctly, and why claims are commonly denied.
Important distinction:
This page addresses foreclosure surplus funds only under Florida law.
If you are searching for Brevard county tax deed surplus funds, you can click here.
If you are pursuing foreclosure surplus funds in Brevard County, continue reading.
What Are Surplus Funds Under Florida Law (§45.032)
Under Florida Statute §45.032, surplus funds are created when a property is sold at a judicial foreclosure sale for more than the total amount owed on the mortgage, judgment, interest, attorney fees, and court costs.
Key Legal Points:
Surplus funds belong to the former property owner or eligible claimant
Banks, lenders, and foreclosing plaintiffs do not keep surplus funds
Funds are held in the court registry
Disbursement is subject to court order
Claims require verified documentation
In Brevard County, foreclosure surplus funds are administered by the Brevard County Clerk of Court & Comptroller, typically through the Civil Court / Foreclosure Department.
How Surplus Funds Are Created in Brevard County
Surplus funds arise from judicial foreclosure sales, including:
1. Mortgage Foreclosure Sales
When a lender forecloses and the auction sale price exceeds the final judgment amount.
2. HOA and Lien Foreclosures
Foreclosures initiated by:
Homeowners associations
Condominium associations
Judgment lienholders
In all cases, the excess amount remaining after payment of the judgment becomes foreclosure sale surplus funds.
Step-by-Step: How to File a Surplus Funds Claim in Brevard County
1. Where the Funds Are Held
Surplus funds are held in the court registry by the Brevard County Clerk of Court & Comptroller until a valid claim is approved.
2. Required Documentation
Claims generally require:
Government-issued photo ID
Proof of ownership at time of foreclosure
Recorded assignments (if applicable)
Probate documents (if the owner is deceased)
Verified claim documentation
3. Filing Deadlines
Florida law imposes strict statutory deadlines. Late filings risk:
Denial
Loss of priority
Transfer of funds to unclaimed property
4. Clerk Review Process
The Clerk reviews:
Claim validity
Competing claims
Lien priority
Probate authority
5. How Funds Are Issued
Once approved, disbursement is issued only after court authorization, typically by:
Check
Wire transfer
Zelle (when permitted)
Why Surplus Funds Claims Get Denied in Brevard County
Many foreclosure surplus funds claims fail due to avoidable errors, including:
❌ Incorrect or incomplete documentation
❌ Probate not completed when required
❌ Improper or invalid assignment agreements
❌ Competing lienholder claims
❌ Filing after statutory deadlines
Claims initially filed without professional oversight often require amendments, hearings, or litigation, increasing delays and complexity.
Probate & Heirs: What Happens If the Owner Is Deceased
If the former homeowner is deceased:
Summary vs. formal administration depends on circumstances
Counties will not release funds without proper authority
Heirs must establish legal standing before disbursement
This is one of the most common reasons foreclosure surplus funds remain unclaimed.
Major Cities, Urban Areas & Neighborhoods in Brevard County
Major Cities & Municipalities
Melbourne
Palm Bay
Titusville
Cocoa
Cocoa Beach
Rockledge
Satellite Beach
West Melbourne
Notable Neighborhoods & Areas
Suntree
Viera
Port St. John
Merritt Island
Indialantic
Indian Harbour Beach
Example Streets Common in Foreclosure Filings
Wickham Road
U.S. Highway 1
Palm Bay Road
Malabar Road
Babcock Street
Major Institutions
Eastern Florida State College
Holmes Regional Medical Center
Cape Canaveral Hospital
Patrick Space Force Base / VA-related services
Why Homeowners Choose Visionary Surplus Recovery
Visionary Surplus Recovery operates as the Equity Surplus Claims Department for Florida homeowners.
Homeowners choose us because we provide:
Attorney-managed claims
Clerk-compliant filings
Probate coordination included
No upfront fees
Faster processing with fewer denials
Regular claim updates
End-of-case distribution summaries
Education on how to verify public records independently
What Happens After You File a Claim
Typical timelines include:
Clerk review (varies by case complexity)
Court approval when required
Disbursement after order is entered
Payment methods may include check, wire, or Zelle, depending on court authorization.
What Happens If You Do Nothing
If surplus funds are not claimed:
Funds may eventually escheat
Lienholders may intervene
Claims become more legally complex over time
Waiting often reduces options.
Filing Yourself vs. Using a Professional Surplus Recovery Firm
Pre-Foreclosure Help in Brevard County
If your property is still in pre-foreclosure, options may exist to:
Stop foreclosure
Protect equity
Sell the property as-is, often in under 7 days
Cash Sale Option (Pre-Foreclosure Only)
Visionary Estates UPP LLC assists homeowners who need to sell before foreclosure, not for surplus recovery.
📞 Call David – Cash Acquisitions Manager: 813-335-8082
📧 Email: cashoffers@visionarysurplusrecovery.com
Call to Action
You can check surplus funds eligibility now to determine whether funds are currently held in the court registry.
👉 Free Surplus Eligibility Tool
See if surplus funds exist
Confirm eligibility
Identify probate requirements
Get a county-specific evaluation
Frequently Asked Questions About Surplus Funds in Brevard County
How long does it take to receive surplus funds?
Timelines vary based on claim complexity and court review.
Does the bank get the surplus?
No. Surplus funds belong to the former owner or eligible claimant.
Can I file myself?
Yes, but errors frequently cause delays or denials.
What if multiple heirs exist?
Probate and court determination are usually required.
Are surplus funds taxable?
Tax treatment depends on individual circumstances.
