How to Claim Tax Deed Surplus Funds in Polk County Without Going to Court
How to Claim Tax Deed Surplus Funds in Polk County Without Going to Court
If your property in Polk County—covering cities like Lakeland, Winter Haven, Bartow, and Haines City—was sold at a tax deed auction, and the sale amount exceeded the debts owed, you might be entitled to claim the remaining funds, known as surplus funds. Understanding the process to retrieve these funds is crucial.
Understanding Tax Deed Surplus Funds
When a property is sold at a tax deed auction for more than the amount owed in taxes and associated fees, the excess amount is considered surplus funds. These funds are held by the Polk County Clerk of the Circuit Court and Comptroller until claimed by eligible parties.
Eligibility to Claim Surplus Funds
Eligible claimants include:
Former Property Owners: Individuals who owned the property at the time of sale.
Heirs: Legal heirs of deceased property owners.
Lienholders: Entities with a legal claim against the property.
Assignees: Individuals or entities assigned the rights to claim the surplus funds.
Step-by-Step Guide to Claiming Surplus Funds
1. Obtain the Appropriate Claim Form
Download the Statement of Claim for Surplus Proceeds of a Tax Deed Sale.
2. Complete the Form Accurately
Ensure all required fields are filled out completely and accurately. Incomplete or incorrect information can delay the processing of your claim.
3. Notarize the Form
The claim form must be notarized. Visit a notary public to have your signature authenticated.Polk County Clerk
4. Submit the Form
Mail or deliver the completed and notarized form to:
Polk County Clerk of the Circuit Court
Tax Deeds Dept.
255 North Broadway
Bartow, FL 33830
Timelines and Deadlines
According to Florida Statute 197.582(3), claimants have 120 days from the date of the notice to file a written claim with the Clerk for the surplus proceeds.
Common Delays and How to Avoid Them
Incomplete Documentation: Ensure all required documents are complete and accurate.
Multiple Claims: If multiple parties claim the surplus funds, the process may involve additional legal proceedings, delaying disbursement.
Unclear Ownership: If the property owner is deceased, probate proceedings may be necessary to establish rightful ownership.
Need Assistance?
Navigating the surplus funds claim process can be complex. If you need assistance, consider consulting with a professional experienced in surplus fund recovery to guide you through the process efficiently.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. For personalized assistance, please consult with a qualified attorney.
