What to Do If You Just Found Out You're Owed Surplus Funds

What to Do If You Just Found Out You're Owed Surplus Funds

If you recently received a letter, phone call, or email saying you're owed surplus funds after a foreclosure or tax deed sale, you're probably wondering:

“Is this real?”
“What do I do next?”
“How do I make sure I don’t lose this money?”

You're not alone. Many homeowners in Florida are unaware that they may be entitled to thousands of dollars after their property sells at auction — and even fewer know what steps to take next.

This guide walks you through exactly what to do if you just found out you may be owed surplus funds.

Step 1: Understand What Surplus Funds Are

Surplus funds are the extra money left over after a property is sold at a foreclosure or tax deed auction.

Here’s a simple example:

  • You owed $110,000 on your mortgage

  • The property sold at auction for $145,000

  • The $35,000 difference (after fees and liens) is the surplus, and it may legally belong to you

Step 2: Confirm That Surplus Funds Exist

Before you do anything, make sure there are actually surplus funds tied to your case. Here’s how:

  • Check the Clerk of Court or Tax Deed Office in the county where the sale happened

  • Use the case number or property address to search the docket

  • Look for a Notice of Surplus Funds or similar document

  • You can also contact the Clerk’s office directly and ask if surplus funds exist under your name or case number

If that sounds complicated — don’t worry. At Visionary Surplus Recovery, we can verify it for you at no cost.

Step 3: Determine if You’re Eligible to Claim

In most cases, the following people can legally claim surplus funds:

  • The former owner of the property (whose name was on the deed before the auction)

  • Heirs of a deceased owner (through probate or legal documentation)

  • Lienholders (such as second mortgages or HOA liens)

  • Assignees or representatives with a legal right to claim on behalf of someone else

If you’re not sure whether you're eligible, don’t sign anything until your eligibility is clear. We can help review your documents and determine your legal right.

Step 4: Act Quickly — But Carefully

In Florida, timing matters.

  • For tax deed sales, you usually have 120 days to claim the funds before they’re sent to the State of Florida as unclaimed property

  • For foreclosure sales, there’s no fixed deadline, but delays can lead to legal complications or other parties filing ahead of you

Also: beware of scammers or unlicensed agents trying to rush you into signing away your rights. If someone is pressuring you to act quickly without explaining your options, that’s a red flag.

Step 5: File a Proper Claim

You’ll need to submit a claim to the Clerk of Court or Tax Deed Department in the county where the property was sold. This may include:

  • A claim form or motion to disburse surplus funds

  • Proof of identity (ID, address confirmation)

  • Proof of ownership or heirship

  • Notarized statements or supporting legal documents

Even one mistake — like a missing signature or wrong case number — can delay your claim or cause it to be denied.

Step 6: Get Help If You Need It

You don’t have to figure this out alone. At Visionary Surplus Recovery, we:

  • Verify your eligibility for surplus funds

  • Prepare all the paperwork for you

  • Partner with attorneys when needed

  • Only get paid if and when you receive your funds

There are no upfront costs to work with us. We make sure you don’t lose your money to the system, delays, or competing claims.

Think You Might Be Owed Surplus Funds? Let’s Find Out

If you just discovered that surplus funds might be waiting for you, don’t wait — contact us today.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult with a qualified attorney for case-specific legal questions.

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How Florida Courts Prioritize Surplus Fund Claims Between Owners, Heirs, and Creditors

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What Happens If Multiple People Claim Surplus Funds?