Lost your home to foreclosure in Miami-Dade County? You may have surplus funds sitting in the court registry. Under Florida law, that money belongs to you.
A booming real estate market means foreclosure auction prices routinely exceed the judgment amount, leaving significant money on the table for former homeowners who don't know it's there.
Miami-Dade property values have surged dramatically over the last decade. When a foreclosed home sells at auction, competitive bidders often drive the price well above what was owed to the lender, generating surplus for the prior owner.
A foreclosure judgment only covers the lender's debt, fees, and court costs. Any amount the property fetches beyond that figure is surplus, and Florida law (§45.032) protects your right to claim it.
Miami-Dade consistently ranks among Florida's top counties for foreclosure filings. With hundreds of sales each month through the online auction platform, there are thousands of unclaimed surplus accounts sitting in the court registry right now.
Miami-Dade foreclosure auctions are conducted online through the county's designated e-auction platform. Properties across Coral Gables, Hialeah, Homestead, Miami Beach, Doral, Kendall, and every zip code in the county are subject to the same surplus fund rules. Whether your property sold for $50,000 over judgment or $200,000 over, that excess is yours to claim.
Learn more about how this works in our guide: What Are Foreclosure Surplus Funds in Florida?
The Miami-Dade Clerk of Courts administers foreclosure surplus funds under Florida Statute §45.032. All surplus is deposited into the court registry after the Certificate of Sale is issued. We handle the case research and court filings on your behalf. Call (305) 356-4008 or start with a free claim review.
Here's exactly what happens after a Miami-Dade foreclosure auction results in a surplus:
After the auction, the Miami-Dade Clerk issues a Certificate of Sale. If the winning bid exceeds the total judgment amount (including lender fees, attorney costs, and court charges), a surplus is recorded in the court registry.
Florida law gives junior lienholders (second mortgages, HOAs, judgment creditors) 60 days from the Clerk's publication of the Notice of Surplus to file claims. Any amount they don't claim, and any surplus beyond their claims, belongs to you.
Once all timely lienholder claims are resolved, the Clerk files a Certificate of Disbursements. This document is the official record of how surplus funds were or will be distributed. Keep in mind the clock is already running: under §45.032, surplus still held by the Clerk 1 year after the sale is presumed unclaimed and sent to the state.
The former homeowner (or their authorized representative) must file a Motion to Claim Surplus Funds in the same civil court case. This requires proper identification, proof of ownership at time of foreclosure, and compliance with the court's documentation requirements.
Once the court approves the motion, the Clerk cuts a check directly to the former homeowner. The entire process typically takes 60–120 days from filing, depending on case complexity and court scheduling.
Want a step-by-step walkthrough specific to Miami-Dade? Read our detailed guide: How to Claim Surplus Funds in Miami-Dade County.
If any of the following apply to you, there may be surplus funds from your Miami-Dade foreclosure waiting to be claimed. We do a free check with no commitment required.
Check My Eligibility FreeWe handle every step on your behalf, from case lookup to check delivery. No legal experience required on your end.
We search the Miami-Dade Clerk's online case system and court registry using your name and property address to confirm whether a surplus exists and how much is available.
We prepare and file all required motions, affidavits, and supporting documents in the correct Miami-Dade Civil Court format, including any notarization or identification requirements.
Our legal team monitors your case through the Miami-Dade court docket, attends any necessary hearings, and responds to any opposing claims from lienholders.
Once the court approves the disbursement, the Clerk releases the funds into our attorney's regulated trust account. The agreed fee is deducted there and your share is paid out to you with a written accounting. We only get paid if you do.
These are composite examples based on the types of cases we handle. Your results will vary based on the specifics of your foreclosure.
"I lost my Hialeah home in 2022 and had no idea there was money sitting in the court registry. Surplus Claim Advocates found it, handled all the paperwork, and I had a check in less than three months. I didn't pay a dime until I got paid."
"My mother's condo in Kendall was foreclosed while she was in the hospital. After she passed, I didn't know where to start with the court filings. The team handled everything for our estate and made it manageable."
"The auction price came in way over what we owed the bank. I didn't even know I had a right to that difference. Surplus Claim Advocates found the case, explained everything clearly, and recovered funds I would have lost forever."
Step-by-step guide to the Miami-Dade court process, from case search to receiving your check.
A complete overview of Florida's surplus funds law, who qualifies, and how the process works statewide.
Own or owned property in Broward? We serve all South Florida counties. Check your Broward eligibility here.
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