Surplus funds in Florida: the rules, straight.
We work this state today — records, filings, and payouts move on the standard timeline.
Foreclosure / mortgage surplus
Legal, with a statutory fee cap of 12%.
Clerk of court holds judicial-sale surplus; sworn claim form in the foreclosure case (§ 45.031–.032).
Deadline: Assignment must satisfy § 45.033 mechanics (disclosures, filing) — sloppy paper forfeits the fee.
Fla. Stat. § 45.033: total assignee compensation capped at 12% with required disclosures and the "you do not need an attorney" statement.
Tax sale overages
Legal — no statutory fee cap found pre-escheat.
Clerk; notarized claim per § 197.582.
Deadline: Governmental/lien claims within 120 days of notice; owner claims run to the 1-yr escheat.
No tax-deed-specific fee cap found pre-escheat — the § 45.033 12% applies to judicial-sale assignments.
Courtroom requirement: Standard claims here are administrative — no attorney legally required for a routine filing.
If nobody claims it: Both streams → FL DFS unclaimed property after ~1 yr (still claimable); post-escheat finder caps ~30% + registration.
Cars, boats & RVs in Florida: Vehicle/boat/RV repo surplus: UCC § 9-615(d) obliges the LENDER to return the surplus; § 9-616 explanation on request; § 9-625(c)(2) statutory damages for noncompliance. Demand-letter work against the secured party — no county, no state surplus-fee cap in this table.
This page summarizes public statutes for general information — it is not legal advice, rules change, and unverified items are confirmed by our desk (and counsel where needed) before any agreement is papered. Primary source: https://www.flsenate.gov/Laws/Statutes/2025/45.033
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