One of the first questions people ask is how long it will take to get paid. The honest answer is that it depends on which kind of claim you have and on how busy the clerk, the court, or the state is. What we can explain is the order of events and the deadlines Florida law sets.
Stage 1: Confirming the money exists
Before anyone files, the facts need to be checked: the sale, the amount held, who the owner of record was, and whether liens or other claims exist. This is usually the fastest stage because it relies on public records.
Stage 2: Gathering documents and signatures
Most claims need a photo ID and a signed, notarized claim. Heir claims also need estate documents, which can add the most time to a case.
Stage 3: The claim is reviewed
Foreclosure surplus. The claim is filed in the foreclosure case. Under section 45.032(3)(a), when the owner of record claims before the funds are reported as unclaimed and there is no subordinate lienholder, the court orders the clerk to pay the owner after service charges. If there are competing claims, section 45.032(3)(b) calls for an evidentiary hearing, and hearings add time.
Tax deed surplus. Section 197.582(3) gives a person who receives the clerk's notice 120 days from the date of the notice to file a written claim. Lienholder claims filed after that deadline are barred. The clerk generally reviews claims after the claim period and pays valid liens before the former owner.
State-held unclaimed property. Section 717.124 says the Department of Financial Services determines a claim within 90 days after receiving it or after receiving requested additional information, whichever is later. That period can be extended by 60 days in some situations, such as when the owner has been in bankruptcy or the claim involves an address outside the United States.
Stage 4: Payment
Once the court, clerk, or state approves the claim, the money is disbursed. Each office has its own processing time.
Deadlines that can change the path
- One year after a foreclosure sale, surplus still held by the clerk is presumed unclaimed and is generally sent to the state under section 45.032(3)(c). It can still be claimed there, but the process changes.
- Assignments of foreclosure surplus must be filed with the court within 60 days after the certificate of disbursements is filed, under section 45.033(3)(b).
- Tax deed notices start a 120-day window under section 197.582(3).
What slows a claim down
- Missing or mismatched names, such as a maiden name on the deed
- A deceased owner and no open estate
- Liens or other claimants who contest the money
- Missing notarization or ID
- Funds that moved to the state partway through
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.
