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Polk County tax deed surplus funds
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If your Polk 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
Clerk contact
- Polk County Clerk website (opens in a new tab)
- Clerk’s office line (confirm before relying on it): (863) 534-4000
You can file this yourself, for free.
The Polk County Clerk of the Circuit Court and Comptroller 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. Search Polk surplus balances yourself (opens in a new tab).
Polk County Clerk — tax deed page (opens in a new tab) · Polk tax deed auction results (opens in a new tab)
What trips people up in Polk County
Polk is one of the few Florida counties that lets you search surplus balances yourself, online, without an account. The Clerk's case search has a Balance Type filter including “Surplus Without Claim” - meaning surplus exists and nobody has claimed it. If your parcel is on that list, you can confirm it in under a minute.
The Florida rules behind all of this
These apply statewide, not just in Polk 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.
Want it handled?
- You stay the legal claimant and the named payee on the Clerk’s disbursement.
- You sign the county’s claim form; we send the signed form at your direction.
- If a court filing is needed, the attorney you hire files it.
- Your signature may need to be notarized; you choose the notary.
- We tell the Clerk we’re assisting you and show our agreement if asked.
- We verify the surplus, assemble your documents, and track the 120-day deadline — and we’re paid only after you are: up to 25% of recovered funds, combined with any attorney’s fee and shown in writing before you sign, $0 upfront.
- If your claim needs an attorney, you hire and pay them directly under their own agreement.
- Our fee is set separately, and before you sign we show you both fees and the total in writing, never more than 25% combined. If your attorney’s fee alone reaches that, we charge nothing. Where a state caps recovery fees below that, the cap applies instead.
- We don’t offer paid help for Florida foreclosure surplus; you can claim it yourself, free, in the foreclosure case.
- You don’t need an attorney to claim it yourself.
- Your exact total is set in writing before you sign, and before you sign we give you in writing the sale price, any liens, the surplus amount and the share the county records show as yours.
- You can cancel within three business days; to cancel, email [email protected] or call or text (917) 920-5868.
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.