Brevard County Tax Deed Surplus Recovery

What is a tax deed surplus?

When a Florida property is sold at a tax deed auction, it often sells for more than the back taxes owed. The difference — the surplus — does not go to the County. It belongs to the former property owner, their heirs, or certain junior lienholders, and it waits at the Clerk's office until someone with standing files a claim under Florida Statute § 197.582.

The statute gives claimants 120 days from the Clerk's Notice of Surplus to file. After that window closes, the funds sit in a holding account for up to a year and are then forwarded to the State of Florida as unclaimed property. Recovery from the state is possible but adds a year of delay and a separate process.

Brevard County at a glance

Brevard's Space Coast covers Titusville, Cocoa, Melbourne, and Palm Bay. The Clerk's tax deed department processes dozens of sales per quarter, and many surplus funds relate to Palm Bay's extensive platted-lot inventory held by retired or deceased out-of-state investors.

Brevard County tax deed surpluses typically fall in the five-figure range on residential parcels, with larger surpluses on waterfront and Indian River-adjacent properties.

Brevard County Clerk of Court

If you believe your former property sold at a Brevard County tax deed auction, the claim is filed with the following office:

You are never required to use a representative — you can file the claim yourself directly with the office above at no cost. Most claimants who try find the paperwork manageable for the first round but get stuck when the Clerk requests additional documentation, or when a junior lienholder files a competing claim.

How we handle Brevard County surplus recovery

We work only on contingency. There is no upfront cost, no monthly fee, and no fee at all if nothing is recovered.

1. We identify your matter from the Brevard County Clerk's public tax deed records and contact you.
2. We schedule a brief consultation to confirm your identity, explain the claim process, and answer your questions.
3. You sign the claim packet in a 15-minute remote online notarization session from your phone or computer.
4. We file with the Clerk, monitor the docket, and remit your share once funds are released — typically 70% to you, 30% to us, paid within 48 hours of clearance.

Who qualifies to claim the surplus?

Under F.S. § 197.582, a party with a legal right to the surplus is typically one of the following:

• The former property owner whose name appeared on the tax roll immediately before the tax deed sale.
• Heirs or estate representatives if the former owner has passed away. This requires proof of relationship or letters of administration.
• Junior lienholders of record — typically a second mortgage or a recorded judgment — who filed their claim within the 120-day window.

If you believe you are the correct recipient but are not sure which category you fall into, we can help sort that out during the consultation at no cost.

Common questions