Jackson County, Florida surplus funds

Tax deed sales

When property taxes go unpaid in Florida, the county can sell the property at a tax deed sale. If it sells for more than the opening bid, the difference is surplus, and the county clerk of court holds it.

• Government liens are paid first. The clerk pays liens held by government bodies, such as other unpaid taxes, before anyone else.
• The clerk mails a notice to the former owner and others with an interest in the property, such as mortgage holders, saying how much is being held.
• Claims are filed with the clerk on a sworn, notarized statement of claim. The clerk has to pay valid liens before paying the former titleholder.
• Lienholders have 120 days from the date of the notice to file. A lienholder who misses that deadline loses any right to the money. The law makes an exception for the property owner, who isn't barred by that deadline.
• Within 90 days after the claim period, the clerk either pays the claims in order of priority or asks the court to decide, if the claims conflict.
• If nobody files a claim, the law presumes the former titleholder of record is entitled to the money, and the clerk sends it to Florida's unclaimed property program, where it can still be claimed.

Mortgage foreclosure sales

After a foreclosure sale ordered by a court, any surplus is also held by the clerk. Florida law presumes that the owner of record when the foreclosure was filed is entitled to it, after subordinate lienholders who filed timely claims are paid. A court order directs the clerk to pay it out.

How to claim tax deed surplus, step by step

1. Find out whether money is being held. The clerk mails a notice of surplus to the owner and others with an interest in the property. If you've moved, you may never have received it. Most clerks also publish a list of tax deed cases with surplus, and our Florida county pages show how much each county is holding.
2. Get the clerk's claim form. Each clerk of court publishes its own statement of claim (sometimes called a surplus affidavit) and instructions, usually on its tax deed page.
3. Gather the documents. What's needed varies by county. Brevard County's clerk, for example, asks an owner for a notarized statement of claim, a signed W-9 form, and copies of two forms of government-issued ID, with a copy of the clerk's notice attached.
4. Sign it in front of a notary and file it with the clerk. Florida law lets you file by U.S. mail (the postmark is the filing date), by commercial delivery or in person (the delivery date), or by fax or email where the clerk allows it (the date the clerk receives it).
5. Wait for the clerk to pay, or for a court to decide. If other people with an interest in the property, such as a mortgage lender, also claim, the clerk pays in order of priority or asks a judge to decide.

If the owner has died

The money usually belongs to the owner's estate. Clerks typically ask for court papers showing who can receive it, such as letters of administration or a court order directing the clerk to pay. Our guide to claiming when the owner has died explains the options.

Things worth knowing

• The 120-day deadline is for lienholders, not owners. Florida law bars late claims from others with an interest, but makes an exception for the property owner. It's still best not to wait: lienholders who file in time are paid first.
• Unclaimed money isn't lost. After the claim period, unclaimed surplus is sent to Florida's unclaimed property program, where the owner can still claim it at claimyourcashfl.gov.
• You don't need anyone's help to file. The claim is yours to make. If you'd rather have it handled for you, we do the whole job on contingency, and you pay nothing unless the money is recovered.