Right to surplus money after a foreclosure sale
Fla. Stat. § 45.032(2)–(3)
In plain words
If your home sells at the clerk’s sale for more than the judgment, the extra money is surplus. Florida law presumes the owner of record when the case was filed is entitled to it, after junior lienholders who file timely claims. You can claim it through the court; the clerk holds it until a judge orders payment.
Who is protected
The owner of record when the lis pendens was filed in a Florida foreclosure.
When it applies
- Only in Florida.
- Only after the foreclosure sale.
What you can do
Get ready for court
File a motion or claim for surplus in the foreclosure case, with proof you were the owner. The clerk can tell you the amount held.
Deadline: As soon as possible; unclaimed surplus is later sent to the state’s unclaimed-property program
Open the toolRead the Florida guide
Our Florida page explains the whole process step by step, with its sources and free local help.
Open the tool
Honest limits
- Junior lienholders who file on time are paid first.
- Be careful before signing your surplus over to a “recovery” company; you can file the claim yourself.
- This is general education, not legal advice. Laws change and details depend on your papers and your court; check the current law or ask a lawyer or legal aid.
The law
- State lawSurplus after judicial sale
Fla. Stat. § 45.032(2)–(3)
Exact part: (2)–(3)
What it says: Creates a presumption that the owner of record is entitled to the surplus, after timely junior lien claims.
Read the official texthttps://www.flsenate.gov/Laws/Statutes/2026/45.032
Court cases
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Homeowner lostSame topicMilton v. U.S. Bank National Ass'n
Milton v. U.S. Bank Nat'l Ass'n, 508 F. App'x 326 (5th Cir. 2013) (per curiam) (unpublished)
an agreement to delay a Texas foreclosure falls within the statute of frauds and must be in writing to be enforced
- Homeowner lostSame topicBFP v. Resolution Trust Corp.
BFP v. Resol. Tr. Corp., 511 U.S. 531 (1994)
the price received at a non-collusive foreclosure sale that complied with state law is reasonably equivalent value under the Bankruptcy Code
Related rights
Deficiency for an owner-occupied home is capped by fair market value
Fla. Stat. § 702.06
Florida allows a lender to seek a deficiency judgment, but for an owner-occupied home the deficiency cannot be more than the judgment amount minus the home’s fair market value on the sale date. The lender also has only one year after the sale to sue for a deficiency on a 1–4 unit home.
Read this rightThe government cannot keep your home equity beyond the tax debt
U.S. Const. amend. VTakings Clause
If your home is taken or sold to pay property taxes, the government may collect what you owe, but it may not keep the extra value. Keeping the surplus is a "taking" of your property without just compensation, which the Fifth Amendment forbids (Tyler v. Hennepin County, 2023). You may be able to claim the surplus, but you usually must follow your state's claim process and deadlines.
Read this rightAfter a discharge, creditors cannot collect the wiped-out debt from you
11 U.S.C. § 524(a)(2)
A bankruptcy discharge wipes out your personal liability for most debts in the case. After that, the law forbids creditors from suing, calling or otherwise trying to collect a discharged debt from you personally. A court can hold a creditor in contempt if there was no fair doubt that its conduct was barred.
Read this rightRenters get at least 90 days' notice after a foreclosure
12 U.S.C. § 5220 note(Pub. L. 111-22, div. A, § 702(a)–(b))
If you rent a home that goes through foreclosure, the new owner must give you a notice to move at least 90 days before you have to leave. If you have a real (bona fide) lease signed before the foreclosure notice, you can usually stay until the lease ends. The exception is when the new owner will live in the home; even then you still get the 90 days' notice.
Read this rightRight to surplus after a tax deed sale
Fla. Stat. § 197.582(2)(a)
If your property sells at a Florida tax deed sale for more than the certificate holder’s opening bid, the extra is surplus. The clerk must pay it out to government units, lienholders and then the former owner. Florida had this rule before the 2023 Tyler v. Hennepin County decision.
Read this right