Miami-Dade Foreclosures  ›  FAQ

How do I claim surplus funds from a foreclosure auction in Florida?

When the property sells for more than was owed, the surplus is held by the Clerk of Courts. The prior owner and other lienholders can claim it by filing a request with the court; the money does not belong to the auction buyer.

After an auction, the Clerk first pays what covers the foreclosed debt and costs. If money is left over (surplus), it's held subject to the court's order.

The order to claim it is set by law: first subordinate creditors with valid liens (second mortgage, HOA, judgments), and last the prior owner for whatever remains. You claim it by filing a motion or surplus-funds request in the case file, within the deadlines set by Florida statute 45.032.

Two important warnings: the auction buyer has no right to this money, and there are companies that charge steep fees to "help" claim surplus that the owner could request themselves. If you owned a property that was auctioned, it's worth checking the case file or consulting an attorney before handing over a percentage.

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