Broward County Florida Foreclosure Surplus Funds – Official Homeowner Guide
Foreclosure Sales | Excess Proceeds | Court Registry Funds
Broward County Foreclosure Surplus Funds: What Former Homeowners Need to Know
When a property in Broward County, Florida is sold at a judicial foreclosure sale for more than the total amount owed on the mortgage, interest, attorney fees, court costs, and statutory expenses, the remaining balance is known as foreclosure surplus funds, also referred to as excess proceeds.
Pursuant to Florida Statute §45.032, these surplus funds legally belong to the former homeowner or other eligible claimants, including heirs, probate estates, or junior lienholders. The funds do not belong to the foreclosing bank and are not automatically released.
In Broward County, foreclosure surplus funds are generally held in the court registry and administered by the Broward County Clerk of Court & Comptroller, Civil Court Services Division. Disbursement is subject to court order and requires verified claim documentation that complies with statutory and Clerk requirements.
This guide explains how foreclosure surplus funds work in Broward County, how to file a claim, why claims are denied, and how Visionary Surplus Recovery helps homeowners and heirs recover funds efficiently and compliantly.
How Foreclosure Surplus Funds Are Created in Broward County
Foreclosure surplus funds are created when a property sells at foreclosure for more than the final judgment amount entered by the court.
Common Foreclosure Types in Broward County
Mortgage lender foreclosures
HOA and condominium association foreclosures
Judicial lien foreclosures
Residential and commercial foreclosure actions
After the foreclosure sale, proceeds are distributed in the following order:
Clerk and court costs
Plaintiff’s judgment amount
Attorney fees and statutory expenses
Any remaining balance becomes judicial foreclosure sale proceeds and is deposited into the court registry pending a properly filed claim.
Step-by-Step: How to File a Foreclosure Surplus Funds Claim in Broward County
Filing a surplus funds claim in Broward County requires strict adherence to Clerk and court procedures. Incomplete or incorrect filings frequently result in delays or denials.
Step 1: Confirm Surplus Funds Exist
Not all foreclosure sales generate surplus funds. The sale price must exceed all court-approved amounts.
Step 2: Determine the Proper Claimant
Eligible claimants may include:
The former property owner
Heirs of a deceased owner
Court-appointed personal representatives
Junior lienholders
Claim priority is governed by Florida Statute §45.032(2).
Step 3: Gather Required Documentation
The Broward County Clerk of Court & Comptroller typically requires:
A verified motion or claim for surplus funds
Government-issued photo identification
Proof of ownership or legal interest
Assignment agreements (if applicable)
Probate documentation if the owner is deceased
All filings must meet civil court verification standards.
Step 4: File With the Broward Clerk of Court
Claims are filed through the Civil Court Services Division – Foreclosure Department and reviewed for compliance and completeness.
Step 5: Clerk Review and Judicial Approval
Most foreclosure surplus claims require a judge’s order authorizing disbursement from the court registry.
Step 6: Disbursement of Funds
Once approved, surplus funds may be released by:
Check
Wire transfer
Zelle or approved electronic disbursement
Timelines vary based on court volume, competing claims, and documentation accuracy.
Why Foreclosure Surplus Funds Claims Get Denied in Broward County
Many former homeowners attempt to file claims on their own and experience denial or prolonged delays. Common reasons include:
Incorrect or missing documentation
Claims not properly verified
Probate not completed or improperly filed
Invalid or non-compliant assignment agreements
Competing claims from heirs or lienholders
Filing after statutory deadlines
Important Notice:
Claims initially filed without professional representation that later require correction, amendment, or litigation may be subject to modified recovery terms, including higher recovery fees, due to the additional work required.
Probate & Heirs: What Happens If the Owner Is Deceased
If the former homeowner has passed away, the Clerk cannot release surplus funds without proper legal authority.
When Probate Is Required
Probate is typically required when:
The owner is deceased
Multiple heirs exist
No court-recognized authority is on file
Summary vs Formal Administration
Summary Administration may apply for smaller, uncontested estates
Formal Administration is required for larger or disputed estates
The Broward County Clerk of Court & Comptroller requires a valid court order or letters of administration before releasing funds held in the court registry.
Major Cities, Urban Areas & Neighborhoods in Broward County
Foreclosure surplus funds frequently arise from properties located throughout Broward County, including:
Cities & Municipalities
Fort Lauderdale
Hollywood
Pembroke Pines
Miramar
Coral Springs
Plantation
Sunrise
Deerfield Beach
High-Activity Zip Codes (Foreclosure-Prone Areas)
33311
33313
33064
33023
33319
33020
Well-Known Neighborhoods & Communities
Lauderhill
Tamarac
North Lauderdale
Davie
Dania Beach
Oakland Park
HOA-Heavy & Condominium Corridors
Downtown Fort Lauderdale
Hallandale Beach
Pompano Beach
Weston
Cooper City
Streets Commonly Seen in Foreclosure Filings
Sunrise Boulevard
Broward Boulevard
State Road 7
Federal Highway
Oakland Park Boulevard
Atlantic Boulevard
Why Homeowners Choose Visionary Surplus Recovery
Visionary Surplus Recovery operates as an Equity Surplus Claims Department, helping former homeowners and heirs recover foreclosure surplus funds in Broward County.
Homeowners choose us because we provide:
Attorney-managed claims
Clerk-compliant filings
Probate included when required
No upfront fees
Faster processing and fewer denials
Direct communication with the Broward County Clerk of Court & Comptroller
We understand Broward foreclosure workflows, civil court review standards, and court registry disbursement procedures.
Pre-Foreclosure Help: Save Your Home or Sell Fast Before Foreclosure
If your Broward County property is in pre-foreclosure, you may still have options to:
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Avoid surplus complications
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Filing a Claim Yourself vs Using a Professional Surplus Recovery Firm
While homeowners may file claims independently, many encounter:
Procedural errors
Probate exposure
Missed deadlines
Competing claims
Clerk rejection risk
Professional surplus recovery firms help ensure filings meet statutory requirements and Clerk expectations, significantly reducing denial risk.
What Happens If You Do Nothing?
If foreclosure surplus funds remain unclaimed:
Funds stay held in the court registry
Lienholders or third parties may intervene
Claims may become legally complex
Probate or litigation may later be required
Early action preserves rights and simplifies recovery.
Frequently Asked Questions About Surplus Funds in Broward County
How long does it take to receive foreclosure surplus funds?
Properly filed claims typically take several weeks to several months, depending on court review.
Does the bank receive the surplus funds?
No. Once the judgment is satisfied, surplus funds belong to the former homeowner or eligible claimant.
Can I file a claim myself?
Yes, but filings must strictly comply with Florida law and Clerk requirements.
What if multiple heirs exist?
Probate is usually required to determine lawful distribution.
Are foreclosure surplus funds taxable?
Tax treatment varies. Consult a qualified tax professional.
Ready to Recover Your Broward County Foreclosure Surplus Funds?
If your property was foreclosed in Broward County, you may be entitled to thousands of dollars in surplus funds.
👉 Use our Free Surplus Eligibility Tool
👉 Request a Broward County surplus evaluation
Visionary Surplus Recovery works on a contingency basis with no upfront cost — you only pay if funds are successfully recovered.
