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Lee County tax deed surplus funds

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If your Lee County property sold at a tax deed auction for more than the taxes owed, the overage does not go to the county: after any liens on the property are paid, it belongs to you. Here is exactly who holds it, the deadline that applies, and how to claim it yourself for free.

Who holds the money, and until when

County seatFort Myers, Florida · Southwest region
Office holding the surplusLee County Clerk of the Circuit Court
Deadline120 days from the date on the Clerk’s notice of surplus, under F.S. §197.582 (opens in a new tab). Lienholders are barred after day 120; the former owner has longer, until the funds are reported as unclaimed.

Clerk contact

You can file this yourself, for free.

The Lee County Clerk of the Circuit Court accepts owner-filed surplus claims at no cost. You do not need us or anyone else. Call them with your case or parcel number to confirm whether surplus exists. The claim form comes with the Clerk’s mailed notice of surplus (F.S. §197.582(2)(b)), and most Clerks also post it online.

Lee County Clerk — tax deed page (opens in a new tab) · Lee tax deed auction results (opens in a new tab)

What trips people up in Lee County

Lee parcels are identified by a STRAP number from the Property Appraiser (for example 13-44-26-08-00076.0170); use it exactly as it appears on your tax bill. The Lee Clerk sends unclaimed surplus to the State about one to two years after the sale, each May; until then the Clerk still accepts claims.

The Florida rules behind all of this

These apply statewide, not just in Lee County:

  • The surplus is yours, after liens. When a tax deed sale brings more than the taxes owed, F.S. §197.582 (opens in a new tab) pays government liens of record first, then mortgage and lien holders who file on time, then the former owner. Since Tyler v. Hennepin County (2023) (PDF) (opens in a new tab), a government that sells property for unpaid taxes can’t keep the surplus from a fair sale; how you claim it depends on your state.
  • Governmental liens are paid first. Under §197.582(2)(a) the Clerk pays governmental units holding liens of record before anyone else. Florida Attorney General Opinion 2020-01 (opens in a new tab) (an opinion, not a court ruling) reads those units as entitled to payment even if they never file a request, so a county code lien may reduce your net whether or not it makes a claim.
  • Private lienholders are barred after 120 days. §197.582(5) bars every claim except the property owner’s after the 120th day. If a mortgage servicer, HOA or judgment creditor misses it, that interest is waived.
  • If nobody claims, the owner is presumed entitled. §197.582(9) creates a conclusive presumption in the titleholder’s favour when no claims arrive, and the Clerk then processes the funds under Chapter 717 (opens in a new tab). Once the money is with the State, we don’t offer paid help; you can claim it yourself, free, at ClaimYourCashFL.gov.
  • A code enforcement lien only counts if it runs against your parcel. In Green Terrace E33, LLC v. Abruzzo (opens in a new tab) (Fla. 4th DCA 2024) the former owner beat a city code lien because the lien ran against condominium common elements, not the unit. Worth checking against any lien claimed on your property.

Nothing here is legal advice. It is the statute and the county’s own published process, with links so you can read both yourself.

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Ask us to check for surplus in Lee County →

Other Florida counties

Same statute, different clerk and different local practice:

Check this yourself

Statute links updated 2026-10-22; county process last verified 2026-07-25. Counties revise forms and procedures without notice — confirm with the Clerk before you rely on any of it.