Florida is a judicial foreclosure state: foreclosures go through the Circuit Court and sales are run by each county's Clerk of Courts. If a property sells for more than was owed, the surplus funds (Fla. Stat. §45.032) often belong to the former owner — but most never claim them.
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Plain-English answers about how foreclosure and surplus funds work across Florida.
Yes. Florida is a judicial foreclosure state, so a mortgage foreclosure goes through the Circuit Court and the sale is run by the county's Clerk of Courts. No lender can foreclose without a court process.
If a Florida property sells at auction for more than was owed, the surplus is held by the county Clerk of Courts. Under Fla. Stat. §45.032 the former owner has priority to claim it, generally within 60 days of the clerk's notice, by filing a claim with the Clerk and proof of prior ownership.
In most cases yes. You can sell any time before the foreclosure auction, and a sale that pays off the debt stops the foreclosure.
💡 Free official help: Reach a HUD-approved housing counselor anywhere in Florida at no cost — 1-800-569-4287 or the CFPB counselor finder. Foreclosure & tax-deed sales are administered by each county's Clerk of Courts. We always point you to these — even though they aren't us.