Prepare your documents for Surplus Claim in Florida

This website helps prepare the forms required for Surplus Claim in Florida.

An overview of Surplus Claim at is here

Start

HOW IT WORKS

1. Take Screening

Start with an online screening tool to help you determine whether you may qualify to claim surplus funds from a Tax Deed Sale.

2. Prepare Documents

Instead of looking at the forms themselves, our system will help you prepare your surplus claim by asking for the necessary information step by step. We will ask you questions in plain, easy-to-understand language. Based on your answers, our system will generate your information in the appropriate places on the claim form.

3. Consult Advocate (Optional)

You can consult a legal advisor for guidance about your surplus claim. An advisor can help you understand whether you may have a claim to the surplus funds, review your supporting information and documents, and explain the filing process and your legal options.

4. File with the Clerk

You can submit a Surplus Claim to the County Clerk of Court if you have a qualifying interest in surplus funds from a Tax Deed Sale. You must provide the required claim information and supporting documentation and submit the claim within the applicable deadline. The Clerk's Tax Deed Department handles surplus-funds claims.

Process

Step 1

You: Take Online Screening

Start your Florida Surplus Claim process by completing the screening on LegalAtoms. Enter your ZIP code and answer a few simple questions about the Tax Deed Sale and the surplus funds you want to claim.

The screening helps determine whether your situation may qualify for a surplus funds claim and identifies the information and documents you may need. Before you begin, gather any Tax Deed Sale notice, surplus funds notice, tax certificate information, ownership records, or lien documents you have.

Step 2

You: Confirm the Tax Deed Sale and Surplus Funds

Complete the required surplus claim information through LegalAtoms. You will answer questions in plain language about:

Your name and contact information
Tax Certificate Number
Tax Deed Sale date, if known
Whether you want to claim or waive the surplus funds
Whether you are a legal claim holder or property owner
Your legal claim information, if applicable
Your property ownership information, if applicable
The amount of surplus you are claiming, if applicable

Florida law provides a specific claim format and requires a written claim.

Step 3

You: Prepare Your Surplus Claim

Complete the required surplus claim information through LegalAtoms. You will answer questions in plain language about:

Your name and contact information
Tax Certificate Number
Tax Deed Sale date, if known
Whether you want to claim or waive the surplus funds
Whether you are a legal claim holder or property owner
Your legal claim information, if applicable
Your property ownership information, if applicable
The amount of surplus you are claiming, if applicable

Florida law provides a specific claim format and requires a written claim.

Step 4

You: Gather Supporting Documents

Gather documents that support your claim.

If you are claiming based on a legal claim against the property, you may need information about the claim, such as:

Type of claim
Recording date
Instrument number
Book and page
Original amount
Amount still owed
Interest, fees, costs, or attorney fees, if applicable

If you are claiming based on property ownership, you may need information showing your former ownership, such as:

Deed
Court judgment
Other document showing ownership
Recording date
Instrument number
Book and page
Amount of surplus being claimed

These categories and fields are included in the statutory surplus claim form.

Step 5

You: File Your Surplus Claim

Complete and sign the Claim to Surplus Proceeds of a Tax Deed Sale.

The claim must be notarized, and a copy of the Notice of Surplus Funds should be attached to the claim. Florida law allows a claim to be mailed, delivered in person/commercially, or sent by fax or email when authorized by the Clerk.

For Osceola County, the Clerk directs surplus claims to:

Osceola County Clerk of Court
Attn: Tax Deed Department
2 Courthouse Square
Kissimmee, FL 34741

Step 6

You: File Within the Required 120-Day Period

You generally have 120 days from the date the Notice of Surplus Funds was mailed to file the claim. The deadline is not calculated from the Tax Deed Sale date.

For claims other than those made by the property owner, failing to file a proper and timely claim can bar the claim to the surplus funds.

Step 7

Clerk: Reviews the Claim and Distributes the Funds

After the claim period ends, the Clerk reviews the claims and determines the priority of valid claims.

Generally, senior mortgages or liens are paid before junior liens or the former property owner. If there are conflicting claims, the Clerk may file an interpleader action in circuit court, allowing the court to determine how the funds should be distributed.

If the claim is approved and no court action is required, the Clerk distributes the surplus funds according to the applicable priority.