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St. Johns County tax deed surplus funds

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If your St. Johns County property sold at a tax deed auction for more than the taxes owed, the extra, after any liens are paid, can belong to you. Here is who holds it, the deadline that applies, and how to claim it yourself for free.

Who holds the money, and until when

Office holding the surplusSt. Johns County Clerk of the Circuit Court and County Comptroller
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.
Fees the Clerk statesThe Clerk's Tax Deeds page lists a $10 Clerk fee on surplus, citing F.S. 28.24(22).
Charges before payoutStatutory Clerk charges under F.S. §28.24 (opens in a new tab) are deducted before you are paid (F.S. §197.582(2)(b) (opens in a new tab)).
Clerk’s addressSt. Johns County Clerk of the Circuit Court and County Comptroller, Richard O. Watson Judicial Center, 4010 Lewis Speedway, St. Augustine, FL 32084

Where to go

St. Johns County lists tax deed surplus cases on the surplus funds tab of its online Tax Deed Search, and posts an 'Affidavit of Claim to Surplus Proceeds of a Tax Deed Sale' on its Forms page. The affidavit is returned to the Clerk at 4010 Lewis Speedway, St. Augustine, and must be sworn before a notary public or deputy clerk; the form lists [email protected] and (904) 819-3630 for questions. The form notes that claims must be filed within 120 days of the surplus notice or are barred, other than property owner claims.

Some details for this county could not be confirmed on the Clerk’s own website when we checked, so they are left out. Call the Clerk to confirm anything before you rely on it.

Filing it yourself, step by step

  1. Confirm the surplus exists and get the notice date. Call or write the St. Johns County Clerk of the Circuit Court and County Comptroller and ask for the amount on deposit and the date the notice of surplus was mailed. That date starts the 120 days, not the auction date.
  2. Use the county’s own form. St. Johns County publishes a claim form (PDF) (opens in a new tab). Ask the Clerk whether it must be notarized and what proof to attach.
  3. Attach your proof. Typically a government-issued photo ID and something showing you held title; lienholders need proof of the debt; estates need the probate order.
  4. Keep proof you filed. Ask the Clerk to acknowledge your claim in writing, and keep the postmark or receipt.

Foreclosure surplus

The Clerk's Forms page includes an 'Owner's Claim for Mortgage Foreclosure Surplus' form; foreclosure surplus under F.S. 45.032 is claimed in the foreclosure case in St. Johns County circuit court. The statewide rules are in F.S. §45.032 (opens in a new tab).

The Florida rules behind all of this

These apply statewide, not just in St. Johns 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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County process last checked 2026-10-22. Counties revise forms and procedures without notice; confirm with the Clerk before you rely on any of it.