Yes. Florida law lets former owners file many surplus claims on their own, and for a simple claim that may be all it takes. Here is what the law says and how to tell whether your claim is simple.
What Florida law says
Foreclosure surplus. For homestead properties, section 45.031(1)(b) requires the final judgment to tell the owner, in conspicuous type, that the owner may claim the funds personally and is not required to have a lawyer or other representation. Section 45.032(3)(a) adds that the clerk may help the owner make the claim. The statute even includes a sworn form an owner can use.
Tax deed surplus. Section 197.582(3) provides a claim form that a person who receives the clerk's notice can complete and file with the clerk within 120 days of the notice.
State-held unclaimed property. Section 717.124 lets the owner file directly with the Department of Financial Services on the state's form, with a copy of a photo ID.
Usually simple
- You were the only owner of record
- No second mortgage, HOA, or other lien is claiming the money
- You still have your ID and can get a document notarized
- The funds are still with the clerk, or the state claim involves only your name
Often more complicated
- The owner passed away, and heirs or an estate need to claim
- Several co-owners or family members are involved
- A lienholder or another company has filed a competing claim
- Someone already had the owner sign an assignment
- The court has set a hearing
- Your name on the deed does not match your current ID
Steps for a do-it-yourself claim
- Call the clerk of court in the county where the property was located and ask about surplus and any filed claims.
- Ask the clerk for the claim form, or use the form in the statute.
- Complete it carefully, sign in front of a notary, and attach any notice you received.
- Keep copies of everything and write down who you spoke to and when.
- If the money has moved to the state, search Claim Your Cash Florida and follow its claim steps.
When getting help makes sense
People hire a firm when they want someone to verify the records, deal with competing claims, handle heir paperwork, or manage a hearing. Complicated claim? A Florida law firm can handle it for you.
Call (800) 583-0551 or start a free case review. No fee unless we recover money for you.
