Florida surplus funds recovery

Fla. Stat. § 197.582 governs tax-deed excess, with valid government liens, other lienholders by priority, and then the former titleholder receiving surplus under its procedures. A recipient of the clerk's notice has 120 days from notice to claim, and a nonowner lienholder who misses it is barred under § 197.582(3), (5).

Fla. Stat. § 197.582 governs tax-deed excess, with valid government liens, other lienholders by priority, and then the former titleholder receiving surplus under its procedures. A recipient of the clerk's notice has 120 days from notice to claim, and a nonowner lienholder who misses it is barred under § 197.582(3), (5). The former property owner is expressly excepted from that bar.

The former property owner is expressly excepted from that bar. After the period, the clerk determines priority or interpleads and may pay the legal titleholder if no other claims exist under § 197.582(6), (9).

Fla. Stat. §§ 45.031–45.035 govern judicial mortgage-sale surplus; § 45.032 presumes the record owner when the lis pendens was filed receives the remainder after timely subordinate-lien claims. A subordinate lienholder must claim before the clerk reports surplus as unclaimed; a balance held one year after sale is presumed unclaimed under § 45.032(3)(c).

Fla. Stat. §§ 45.031–45.035 govern judicial mortgage-sale surplus; § 45.032 presumes the record owner when the lis pendens was filed receives the remainder after timely subordinate-lien claims. A subordinate lienholder must claim before the clerk reports surplus as unclaimed; a balance held one year after sale is presumed unclaimed under § 45.032(3)(c). The record owner may claim while the clerk holds money and may later claim remitted funds under Chapter 717.

The record owner may claim while the clerk holds money and may later claim remitted funds under Chapter 717. The 60-day period in § 45.033 concerns filing an assignment of surplus rights, not the owner's claim deadline.

Fla. Stat. Chapter 717 governs unclaimed property, with owner claims to the Department of Financial Services under § 717.124. Chapter 717 sets no fixed initial owner-claim deadline for property held by the department.

Fla. Stat. Chapter 717 governs unclaimed property, with owner claims to the Department of Financial Services under § 717.124. Chapter 717 sets no fixed initial owner-claim deadline for property held by the department. The one-year mortgage-surplus clerk reporting period is separate.

The one-year mortgage-surplus clerk reporting period is separate. The 120-day nonowner tax-deed claim period is also a separate procedure.

After the period, the clerk determines priority or interpleads and may pay the legal titleholder if no other claims exist under § 197.582(6), (9). The 60-day period in § 45.033 concerns filing an assignment of surplus rights, not the owner's claim deadline. The 120-day nonowner tax-deed claim period is also a separate procedure.