Posted on June 15, 2026

If your home or property went through a foreclosure sale in Florida, you may be entitled to money you do not even know exists. When a foreclosed property sells at auction for more than what was owed on the mortgage and related costs, the leftover money is called "surplus funds." That extra money does not belong to the lender, and it does not automatically stay with the court. In many cases, it belongs to the former property owner. Unfortunately, many people never claim what is rightfully theirs, simply because they do not know the funds are there.

What Are Surplus Funds?

When a property is sold at a foreclosure auction, the sale price sometimes exceeds the total debt, fees, and costs owed to the foreclosing lender. The difference is the surplus, and it is held by the Clerk of Court rather than handed to the lender. These amounts can be substantial and are surprisingly common in markets where property values have risen. Because foreclosure is stressful and often happens during a difficult time, many former owners move on without ever learning money was left over.

Who Is Entitled to the Surplus?

Under Florida law, there is a rebuttable legal presumption that the owner of record at the time the foreclosure case was filed is entitled to surplus funds, after any subordinate lienholders who timely file valid claims are paid. In plain terms, the former homeowner often has the strongest claim, but other parties such as junior lienholders may also be entitled to a portion. If more than one party claims an interest, the court may set a hearing to determine who gets what.

How the Claim Process Works

After a foreclosure sale produces a surplus, there is a limited window to file a claim. Florida law sets a deadline tied to the issuance of the certificate of disbursement, and missing that window can jeopardize your ability to recover the funds. If no one files a timely claim, the court may appoint a surplus trustee, and the process can become more complicated and costly. Generally: the property sells at auction for more than is owed; the clerk holds the surplus and the court issues a certificate of disbursement; eligible parties file claims within the statutory deadline; and the court reviews the claims, holds a hearing if there are competing claims, and orders the funds disbursed.

How to Find Out If You're Owed Money

Check with the Clerk of Court in the county where the foreclosure took place to see whether surplus funds are being held in your case, and review your foreclosure paperwork for the case number and sale information. Be cautious of unsolicited offers: some companies aggressively pursue former homeowners, offering to "recover" surplus funds in exchange for a large cut. Before you sign anything, it is worth understanding your rights and what you may be entitled to keep.

Talk to a Florida Attorney About Your Surplus Claim

Recovering surplus funds involves deadlines, paperwork, and sometimes competing claims, and it is easier to navigate with experienced guidance. As a Florida law firm that handles surplus funds recovery, we can help you determine whether funds are being held in your case and assist you through the claim process. To find out whether you may be owed money, call us at (305) 701-4015 or request a free consultation.

This article is general information, not legal advice.