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Understanding Foreclosure Surplus in Florida — And Why Who Helps You Matters

When a home is sold at a foreclosure auction in Florida, most people assume that everything is lost — the house, the equity, the investment. But in many cases, that’s not entirely true.

If the property sells at auction for more than what was owed to creditors (plus legal costs, interest, and fees), the extra money left over is called a foreclosure surplus. And by law, that surplus belongs to the former homeowner — not the bank, not the court, and not the buyer.

Unfortunately, many people never receive the funds they’re entitled to, or they lose a large chunk of it to so-called “surplus chasers” who charge high fees. That’s where Surplus Advocates, a nonprofit organization, steps in.

Let’s break this down in simple terms.


What Exactly Is a Foreclosure Surplus?

In Florida, foreclosure auctions follow a clear process:

  1. A lender sues for foreclosure when the borrower falls behind on the mortgage.

  2. The court orders the home sold at a public auction.

  3. The auction takes place online, and bidders compete to buy the property.

  4. The money raised first pays off the judgment amount (what’s owed to the lender plus court costs).

If the winning bid is higher than the amount owed, the difference is the surplus.

Example:

  • Debt = $150,000

  • Winning auction bid = $180,000

  • Surplus = $30,000

That $30,000 belongs to the former homeowner under Florida Statutes §45.032, which sets out who gets the funds and how they’re distributed.

 


 

Why Don’t People Get Their Surplus?

Here’s the tough part: while the law says you’re entitled to the money, the process to claim it isn’t always easy.

  • Complicated paperwork: Courts require petitions, notices, and strict timelines.

  • Confusing priorities: Sometimes other parties (like second mortgage holders, HOA liens, or judgment creditors) also claim part of the surplus.

  • Aggressive surplus chasers: These are for-profit companies that contact former homeowners right after a foreclosure. They often offer to “help” — but at a steep price, sometimes taking 30–80% of the money you were already owed.

Many families who just lost their home are vulnerable, overwhelmed, and don’t realize they don’t need to give away so much of their own equity.

 


 

Why Choose Surplus Advocates?

This is where our mission at Surplus Advocates is different.

  • We are a nonprofit. Our goal is not to profit off your hardship. We exist to make sure homeowners receive what the law already guarantees them.

  • Fair support. Instead of charging 30–40% like for-profit surplus chasers, we keep our fees low and transparent — often just enough to cover administrative costs. That means more money in your pocket, where it belongs.

  • Guidance through the process. Florida foreclosure law can be intimidating, but we walk you through each step, explaining what’s happening in plain language. You’re not just another case number — you’re a person rebuilding after a setback.

  • Protection from predators. We act as a shield against companies that try to pressure homeowners into signing away huge portions of their surplus.

 


 

Why Act Quickly?

Florida courts don’t hold on to surplus funds forever. If no one claims them, the money may eventually be transferred to the state. That means the longer you wait, the harder it may be to recover what’s rightfully yours.

By working with Surplus Advocates early, you avoid the risk of missing deadlines — and you ensure the process is handled correctly from the start.

 


 

Final Thoughts

A foreclosure is one of the hardest things a homeowner can face. But losing your home doesn’t mean losing every dollar of equity you built up. Under Florida law, you have the right to claim any surplus funds left over after the foreclosure sale.

The real question is: who do you trust to help you claim it?

For-profit surplus chasers see your hardship as their opportunity. At Surplus Advocates, we see your surplus as your lifeline — and we exist to protect it.

If you or someone you know has recently lost a home to foreclosure in Florida, reach out to us. We’ll help you understand the process, file the right paperwork, and recover as much of your surplus as possible — fairly, legally, and with compassion.

A non-profit mission

About us.

Surplus Advocates is a collective of experienced agents and professionals who have identified problems in the ways surplus funds are overseen and administered.In the course of our collective professions, we have witnessed millions of dollars being stolen from homeowners, and millions more lost to exploitation and unlawful fees. Occasionally a crime ring will make the news, or an attorney will be sent to jail or disciplined, but the same loopholes and oversights have been exploited year after year.We formed Surplus Advocates as a non-profit to help foreclosed owners and to show that there is a way for a private organization to recover tax deed and foreclosure surplus funds for owners without any additional cost to the government, and without engaging in exploitative practices. Unlike for-profit surplus chasers, who frequently only try to track down owners they can get the largest fees from, our goal is to help anyone, whenever possible, without charging any out of pocket fees. We then use the fees and costs we receive from the court registry to further our mission, rather than line our pockets.

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