Step by Step Guide to Claiming Surplus Funds in Pinellas County
Step-by-Step Guide to Claiming Surplus Funds in Pinellas County
If your property in Pinellas County—covering cities like Clearwater, St. Petersburg, Largo, and Palm Harbor—was sold at a foreclosure or tax deed sale, 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 Surplus Funds
Surplus funds are the remaining proceeds from a foreclosure or tax deed sale after all debts, such as mortgages or tax liens, have been paid. These funds are held by the Pinellas 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.
How to Claim Surplus Funds
1. Obtain the Appropriate Claim Form
Foreclosure Surplus Funds: Use the Owner's Claim for Mortgage Foreclosure Surplus
Tax Deed Surplus Funds: Use the Tax Deed Sale - Excess Proceeds Affidavit/Statement of Claim.
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.Pinellas County Clerk
3. Notarize the Form
Most claim forms require notarization. Confirm this requirement and have the form notarized if necessary.
4. Submit the Form
Mail or deliver the completed and notarized form to:
Pinellas County Clerk of the Circuit Court
Tax Deed / Official Records Dept
315 Court St., Room 163
Clearwater, FL 33756
Timelines and Deadlines
Tax Deed Sales: 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.
Foreclosure Sales: There is no specific statutory deadline, but it's advisable to file your claim as soon as possible to avoid complications.
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.
