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State lawVerified Sep 23, 2026After a foreclosure sale

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.
Check whether it applies to you

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 tool
  • Read 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

  1. 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 text

Court cases

  • Homeowner lostSame topic
    Martins 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 topic
    Milton 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    Milton v. U.S. Bank Nat'l Ass'n, 508 F. App'x 326 (5th Cir. 2013) (per curiam) (unpublished)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 topic
    BFP 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

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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.

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The government cannot keep your home equity beyond the tax debt

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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.

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After a discharge, creditors cannot collect the wiped-out debt from you

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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.

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Renters 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.

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State lawVerified Sep 23, 2026

Right 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.

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