Can You Recover Surplus Funds If Your Property Was Sold Years Ago?
Can You Recover Surplus Funds If Your Property Was Sold Years Ago?
If your property was sold at a foreclosure or tax deed auction years ago, and someone recently told you that surplus funds may still be available, your first thought might be:
“Isn’t it too late to claim that money?”
Not necessarily.
In many cases, surplus funds from old foreclosure or tax deed sales in Florida are still sitting unclaimed — either held by the Clerk of Court or transferred to the state. This article explains how long surplus funds stay available, what happens when no one claims them, and how you can still pursue those funds even years later.
What Are Surplus Funds, Again?
Surplus funds are the leftover money from a foreclosure or tax deed auction after all debts have been paid off (like mortgages, taxes, and court costs). That extra money doesn’t go to the lender or the government by default — it often belongs to the former homeowner or their legal heirs.
How Long Do You Have to Claim Surplus Funds in Florida?
Foreclosure Surplus Funds (Fla. Stat. 45.032)
There’s no exact statute of limitations in many counties for claiming foreclosure surplus funds.
However, if no claim is filed after a certain time, the Clerk may send the funds to the Florida Department of Financial Services – Unclaimed Property Division.
Important: You can still file through the state after that — but the process becomes more complicated and takes longer.
Tax Deed Surplus Funds (Fla. Stat. 197.582)
After a tax deed sale, the Clerk will hold surplus funds for 120 days from the date of the Notice of Surplus.
If no one files a claim during that period, the money is automatically transferred to the State of Florida as unclaimed property.
You’ll then need to go through the Florida Treasure Hunt system to file a separate claim with the Department of Financial Services.
How to Check If Surplus Funds Still Exist
Even if the sale happened years ago, here’s how to find out if funds are still recoverable:
Start with the Clerk of Court
Visit the website of the county where the foreclosure or tax deed sale occurred.
Search by your old address or the case number (if you have it).
Look for terms like “Notice of Surplus Funds,” “Claim,” or “Disbursement.”
Check the Florida Unclaimed Property Website
If the Clerk no longer has the funds, search for your name or property address at:
👉 https://www.fltreasurehunt.govIf funds are listed, you can start the claim process online — but it may take months.
Let a Recovery Specialist Help
Many people don’t know how to locate old case files or match surplus data with their name.
We can research this at no cost, and tell you within 24–48 hours whether you're still eligible to file.
What If the Original Owner Is Deceased?
If the person who owned the property has passed away, their heirs may still be able to claim the surplus. However:
A probate case may need to be opened
You’ll likely need Letters of Administration or a similar court-issued document
If the estate is already closed, you may need to reopen it to access the funds
We work with attorneys to handle these steps if necessary.
Bottom Line: It’s Not Always Too Late
Even if it’s been two, five, or ten years, there’s still a chance you’re legally entitled to surplus funds from the sale of your former property. The key is to:
Check if the funds still exist
File the right claim — in the right place
Move quickly before further delays make recovery harder
Let Us Check If You're Still Owed Surplus Funds — For Free
At Visionary Surplus Recovery, we:
Search county and state databases
Handle all legal paperwork
Partner with attorneys to process your claim properly
Only get paid if you do
👉 Start Your Free Claim Review
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with a Florida attorney for case-specific legal guidance.
