These questions come up repeatedly in our conversations with former homeowners. We've answered them as directly as possible, without the legal jargon.
Individual results vary. We don't publish specific fee percentages because case complexity affects the terms. Every agreement we send is plain language and reviewed before you sign.
What exactly are foreclosure surplus funds?+
Surplus funds are the money left over after a foreclosure auction sale pays off the final judgment amount. The final judgment includes the mortgage balance plus court costs and fees. Under Florida Statute 45.032, if the property sold for more than that amount, the excess belongs to the former homeowner, not the bank or the court.
What's the difference between foreclosure surplus and tax deed surplus?+
Foreclosure surplus arises from a mortgage foreclosure auction. Tax deed surplus arises when a property is sold at a tax deed auction (for unpaid property taxes). Both are governed by Florida law, both involve excess auction proceeds, and in both cases the former owner may be entitled to the difference. We handle both types of claims.
What's the difference between foreclosure surplus and unclaimed property?+
Foreclosure surplus is held by the Clerk of Court and claimed through Florida Statute 45.032, it is part of the foreclosure case. Unclaimed property (sometimes called escheat property) is funds that have been turned over to the Florida Department of Financial Services after the Clerk held them for the legally required period. Once funds are transferred to the State, the recovery process goes through the unclaimed property program rather than the court. Recovering from the State is possible but typically slower.
How do I know if I have surplus funds?+
Submit our free eligibility form with your name and the foreclosed property address. We research the court records and check the certificate of disbursements from your foreclosure case. Within 24 hours we can tell you whether surplus funds exist and roughly how much.
How much does your service cost?+
You pay nothing upfront. We work on a contingency basis, we only receive a percentage of the surplus funds we successfully recover for you. The exact percentage depends on case complexity and is stated clearly in our written agreement before you sign anything. If we don't recover funds, you owe us nothing.
How is your contingency fee calculated?+
Our contingency fee is a percentage of the surplus funds we recover, stated clearly in our written agreement before you sign. We don't publish a single rate because case complexity varies, a straightforward Miami-Dade surplus claim is different from a multi-heir probate situation with competing lienholders. The agreement you receive will have the specific terms for your situation. You review it before committing.
Are there any other costs I should know about?+
We advance all filing costs, court fees, and research expenses. These are not passed on to you. The only money that ever changes hands between us is our contingency fee, deducted from the recovered surplus funds at disbursement. You will never receive a separate bill from us.
How long do I have to claim surplus funds in Florida?+
The Clerk holds surplus funds for 60 days after the certificate of disbursements is issued. After one year, unclaimed funds are transferred to the Florida Department of Financial Services (Unclaimed Property Division). You can still recover funds after that point, but the process becomes longer and more complex. Acting quickly is always better.
How long does the full recovery process take?+
Most cases reach disbursement within 30 to 90 days from the time we file the claim, though timelines vary based on whether any subordinate lienholders contest the claim and how quickly the court processes the motion. We track every case and keep you updated at each stage.
Why do some surplus claims take longer than others?+
The most common reasons for delay: subordinate lienholders (like a second mortgage holder or HOA) file competing claims and the court has to sort out priority; the original case records are harder to locate; the property was part of a bankruptcy proceeding; or the case involves heir claims that require additional documentation. We tell you upfront if we see complications and keep you informed as things develop.
Can I file the claim myself instead of hiring anyone?+
Absolutely. Florida Statute 45.032(3)(a) explicitly states that you are not required to have any representative, lawyer, claims agent, or otherwise, to file a surplus funds claim. You can file directly with the Clerk of Court. However, the process involves court filings, motions, proving ownership, and potentially handling subordinate lienholder disputes. Procedural errors can cause delays or denials.
Can heirs claim surplus funds from a deceased homeowner's foreclosure?+
Yes. Legal heirs, estate representatives, and successors can claim surplus funds on behalf of a deceased homeowner. Whether probate is required depends on the county and the specifics of the estate. We handle heir claims regularly and can guide you through what your situation requires.
What if I'm currently in bankruptcy?+
In many cases, yes. The surplus funds may be considered property of the bankruptcy estate, but they can often still be recovered, sometimes even when other assets cannot. Each situation is different. We can evaluate your specific case and, if needed, coordinate with your bankruptcy attorney to ensure the claim is handled correctly within the bankruptcy proceedings.
What if there are multiple people who could claim the same surplus?+
Florida law establishes a priority order for surplus fund claimants. The former property owner has first priority, followed by junior lienholders in order of their lien priority, then others. If multiple parties have legitimate claims, this can complicate the process. We identify the correct claimant(s) and handle the priority dispute through the court process.
What if someone else already filed a claim for the same surplus?+
This is more common than you might think, and it doesn't always mean you lose your rights. If a claim was filed incorrectly or the filer lacked proper standing, there may be grounds to challenge it or file a competing claim. We research the court docket to understand exactly what has happened and advise you on the best path forward.
Do you handle tax deed surplus as well as foreclosure surplus?+
Yes. Tax deed surplus arises when a property is sold at a tax deed auction for more than the outstanding tax debt. Under Florida law, the former property owner may be entitled to those excess funds. We handle both foreclosure surplus and tax deed surplus claims.
What if I already received a check from the Clerk but it was smaller than expected?+
Contact us immediately. It is possible the Clerk disbursed only a partial amount because other lienholders made competing claims. We can research the court docket to determine whether additional funds are still owed to you and help you pursue a supplemental claim.
What documents do you need from me?+
At a minimum, we need your full legal name as it appeared on the property title, the address of the foreclosed property, and the approximate date of the foreclosure sale. If you have any court documents from the foreclosure (the complaint, final judgment, or certificate of disbursements), those help but are not required, we can obtain them directly from the Clerk of Court.
Do you help with third-party claims, meaning someone else's surplus?+
We work with the former property owner or their legal heirs. If you are the former owner (or a qualified heir), we can help you. If you are a relative or acquaintance of the former owner but not an heir, you likely do not have standing to file a claim, and no legitimate company can help you do so.
I received a letter in the mail about my surplus funds. Is it legitimate?+
Some of those letters are legitimate. Many are not. Watch out for: upfront fees (we do not charge any); requests to assign your rights to a third party (your rights should stay yours); pressure tactics and tight deadlines; and vague or missing company information. If you got a letter and are not sure, text or email us the details and we will give you a straight answer, no cost, no obligation.
How is Surplus Claim Advocates different from other companies?+
We do not charge upfront fees. We do not ask you to assign your rights to the surplus funds. Our contract is plain language and you review it before you sign. We are based in South Florida, not a call center in another state. And we will tell you if we do not think we are the right fit for your situation.