Florida Statutes

Fla. Stat. § 45.032 (2025)

Disbursement of surplus funds after judicial sale.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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45.032 Disbursement of surplus funds after judicial sale.—

(1) For purposes of ss. 45.031-45.035, the term:

(a) “Owner of record” means the person or persons who appear to be owners of the property that is the subject of the foreclosure proceeding on the date of the filing of the lis pendens. In determining an owner of record, a person need not perform a title search and examination but may rely on the plaintiff’s allegation of ownership in the complaint when determining the owner of record.

(b) “Subordinate lienholder” means the holder of a subordinate lien shown on the face of the pleadings as an encumbrance on the property. The lien held by the party filing the foreclosure lawsuit is not a subordinate lien. A subordinate lienholder includes, but is not limited to, a subordinate mortgage, judgment, tax warrant, assessment lien, or construction lien. However, the holder of a subordinate lien shall not be deemed a subordinate lienholder if the holder was paid in full from the proceeds of the sale.

(c) “Surplus funds” or “surplus” means the funds remaining after payment of all disbursements required by the final judgment of foreclosure and shown on the certificate of disbursements.

(2) There is established a rebuttable legal presumption that the owner of record on the date of the filing of a lis pendens is the person entitled to surplus funds after payment of subordinate lienholders who have timely filed a claim. A person claiming a legal right to the surplus as an assignee of the rights of the owner of record must prove to the court that such person is entitled to the funds. At any hearing regarding such entitlement, the court shall consider the factors set forth in s. 45.033 in determining whether an assignment is sufficient to overcome the presumption. It is the intent of the Legislature to abrogate the common law rule that surplus proceeds in a foreclosure case are the property of the owner of the property on the date of the foreclosure sale.

(3) During the period that the clerk holds the surplus pending a court order:

(a) If the owner of record claims the surplus before the date that the clerk reports it as unclaimed and there is no subordinate lienholder, the court shall order the clerk to deduct any applicable service charges from the surplus and pay the remainder to the owner of record. The clerk may establish a reasonable requirement that the owner of record prove his or her identity before receiving the disbursement. The clerk may assist an owner of record in making a claim. An owner of record may use the following form in making a claim:

(Caption of Action)

OWNER’S CLAIM FOR
MORTGAGE FORECLOSURE SURPLUS

State of

County of

Under penalty of perjury, I (we) hereby certify that:

1. I was (we were) the owner of the following described real property in County, Florida, prior to the foreclosure sale and as of the date of the filing of the lis pendens:

(Legal description of real property)

2. I (we) do not owe any money on any mortgage on the property that was foreclosed other than the one that was paid off by the foreclosure.

3. I (we) do not owe any money that is the subject of an unpaid judgment, tax warrant, condominium lien, cooperative lien, or homeowners’ association.

4. I am (we are) not currently in bankruptcy.

5. I (we) have not sold or assigned my (our) right to the mortgage surplus.

6. My (our) new address is: .

7. If there is more than one owner entitled to the surplus, we have agreed that the surplus should be paid jointly, or to: , at the following address: .

8. I (WE) UNDERSTAND THAT I (WE) AM (ARE) NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND I (WE) DO NOT HAVE TO ASSIGN MY (OUR) RIGHTS TO ANYONE ELSE IN ORDER TO CLAIM ANY MONEY TO WHICH I (WE) MAY BE ENTITLED.

9. I (WE) UNDERSTAND THAT THIS STATEMENT IS GIVEN UNDER OATH, AND IF ANY STATEMENTS ARE UNTRUE THAT I (WE) MAY BE PROSECUTED CRIMINALLY FOR PERJURY.

(Signatures)

Sworn to (or affirmed) and subscribed before me this day of , (year) , by (name of person making statement) .

(Signature of Notary Public - State of Florida)

(Print, Type, or Stamp Commissioned Name of Notary Public)

Personally Known OR Produced Identification

Type of Identification Produced

(b) If any person other than the owner of record claims an interest in the proceeds prior to the date that the clerk reports the surplus as unclaimed or if the owner of record files a claim for the surplus but acknowledges that one or more other persons may be entitled to part or all of the surplus, the court shall set an evidentiary hearing to determine entitlement to the surplus. At the evidentiary hearing, an equity assignee has the burden of proving that he or she is entitled to some or all of the surplus funds. The court may grant summary judgment to a subordinate lienholder prior to or at the evidentiary hearing. The court shall consider the factors in s. 45.033 when hearing a claim that any person other than a subordinate lienholder or the owner of record is entitled to the surplus funds.

(c) One year after the sale, any surplus remaining with the clerk of the court that has not been disbursed as provided herein is presumed unclaimed as set forth in s. 717.113 and must be reported and remitted to the department in accordance with ss. 717.117 and 717.119, unless there is a pending court proceeding regarding entitlement to the surplus. At the conclusion of any court proceeding and any appeal regarding entitlement to the surplus, the clerk of the court shall report and remit the unclaimed property to the department if directed by a court order, to another entity if directed by the court order, or, if not directed by the court order, to the owner of record. For purposes of establishing entitlement to the surplus after the property has been remitted to the department, only the owner of record reported by the clerk of the court, or the beneficiary, as defined in s. 731.201, of a deceased owner of record reported by the clerk, is entitled to the surplus. A surplus of less than $10 escheats to the clerk.

(4) Proceedings regarding surplus funds in a foreclosure case do not in any manner affect or cloud the title of the purchaser at the foreclosure sale of the property.

History.—s. 2, ch. 2006-175; s. 1, ch. 2007-106; s. 3, ch. 2018-71.

Notes of Decisions

Cited in 31 cases (9 in the last 5 years), 2007–2026 · leading case: The Bank of New York Mellon, etc. v. Dianne D. Glenville A/K/A Diane D. Glenville A/K/A Diane Glenville, 252 So. 3d 1120 (Fla. 2018).

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The Bank of New York Mellon, etc. v. Dianne D. Glenville A/K/A Diane D. Glenville A/K/A Diane Glenville, 252 So. 3d 1120 (Fla. 2018). · cites it 39× “031 does not define "sale" or "60 days after the sale.”

Pineda v. Wells Fargo Bank, N.A., 143 So. 3d 1008 (Fla. 3d DCA 2014). · cites it 11× “Obviously, however, on remand, Nocari is not foreclosed from attempting to establish a statutory entitlement to the surplus if it can meet the applicable requirements of section 45.032. 2 . A subsequent Notice of Lis Pendens was recorded August 16, 2011, which likewise re-fleets…”

Atwater v. City of Cape Coral, 120 So. 3d 595 (Fla. 2d DCA 2013). · cites it 18× “The surplus funds were the result of judicial foreclosure sales, and therefore section 45.032, Florida Statutes (2008), is the applicable statute.”

Dever v. Wells Fargo Bank Nat'l Ass'n, 147 So. 3d 1045 (Fla. 2d DCA 2014). · cites it 8× “Section 45.032 then provides the procedure for the disbursement of surplus funds after a judicial sale and establishes “a rebuttable legal presumption that the owner of record on the date of the filing of a lis pendens is the person entitled to surplus funds after payment of…”

Rodriguez v. Fed. Nat'l Mortg. Ass'n, 220 So. 3d 577 (Fla. 5th DCA 2017). · cites it 6× “See § 45.032(1)(a), Fla. Stat. (2016). The notice of lis pendens recorded in this case reflects that the Rodriguezes owned the subject property.”

Mathews v. Branch Banking & Trust Co., 139 So. 3d 498 (Fla. 2d DCA 2014). · cites it 2× “§ 45.032(3). If the owner of the property claims a right to the surplus during this time period and there is no subordinate lienholder, the trial court must order the clerk to pay the surplus to the owner after the deduction of service charges.”

All Counties Surplus LLC v. Flamingo South Beach I Condo. Assoc., Inc., 211 So. 3d 1096 (Fla. 3d DCA 2017). · cites it 4× “it denied the motion for surplus funds filed by All Counties Surplus LLC and awarded any surplus funds to the third party purchasers, and remand with instructions that the improperly disbursed surplus funds be deposited back into the court registry, that the court consider any…”

Vargas v. Deutsche Bank Nat'l Trust Co., 104 So. 3d 1156 (Fla. 3d DCA 2012). · cites it 2× “(2012) (governing the right of redemption); § 45.032, Fla. Stat. (2012) (governing disbursement of surplus funds following a judicial sale); § 45.”

Nat'l Equity Recovery Servs. v. Williams, 962 So. 2d 977 (Fla. 3d DCA 2007). · cites it 6× “We treat the petition as a plenary appeal [1] , and find that the trial court erred in entering the disbursement Order without first holding an evidentiary hearing pursuant to Section 45.032, Florida Statutes (2006). On February 15, 2007, the trial court entered a final judgment…”

Nat'l Equity Recovery Servs., Inc. v. Midfirst Bank, 8 So. 3d 406 (Fla. 4th DCA 2009). · cites it 3× “” § 45.032(3)(c), Fla. Stat. (2007). The clerk prepared and filed a “notice of appointment” of the surplus trustee on August 22, 2007.”

Bunnie Straub v. Wells Fargo Bank, N.A. Chris Straub, JP Morgan Chase Bank, Nat'l Ass'n, etc., & Faircondo, Inc., a Condo. Ass'n, 182 So. 3d 878 (Fla. 4th DCA 2016). · cites it 3× “” § 45.032(2), Fla. Stat. (2014). A subordinate lienholder’s claim is “timely filed” when it is filed “no later than 60 days ’after the sale.”

Suarez v. Edgehill, 20 So. 3d 410 (Fla. 3d DCA 2009). · cites it 6× “See § 45.032(1)(b), (c), Fla. Stat. (2008). The events in Town of Lake Park took place prior to the July 1, 2006 effective date of chapter 2006-175, Laws of Florida.”

Show all 31 citing cases →

— 45.032(1) — 1 case

The Bank of New York Mellon, etc. v. Dianne D. Glenville A/K/A Diane D. Glenville A/K/A Diane Glenville, 252 So. 3d 1120 (Fla. 2018). “031 does not define "sale" or "60 days after the sale.”

— 45.032(1)(a) — 6 cases

Rodriguez v. Fed. Nat'l Mortg. Ass'n, 220 So. 3d 577 (Fla. 5th DCA 2017). “See § 45.032(1)(a), Fla. Stat. (2016). The notice of lis pendens recorded in this case reflects that the Rodriguezes owned the subject property.”

Marsdreamland LP v. MTGLQ Investors, L.P. (Fla. 3d DCA 2024).

Alexander Schachl (Bankr. S.D. Florida 2025).

City of Hallandale Beach v. Susana Shames (Fla. 4th DCA 2026).

Eduartez v. Fed. Nat'l Mortg. Assoc. (Fla. 3d DCA 2018).

— 45.032(1)(b) — 4 cases

City of Hallandale Beach v. Susana Shames (Fla. 4th DCA 2026).

Suarez v. Edgehill, 20 So. 3d 410 (Fla. 3d DCA 2009). “See § 45.032(1)(b), (c), Fla. Stat. (2008). The events in Town of Lake Park took place prior to the July 1, 2006 effective date of chapter 2006-175, Laws of Florida.”

Rapid Surplus Refund LLC v. Weeeee LLC (Fla. 4th DCA 2024).

Francis P. Dudlar v. Mortg. Elec. Reg. Sys., Inc., Etc. (Fla. 3d DCA 2022).

— 45.032(1)(c) — 1 case

The Bank of New York Mellon, etc. v. Dianne D. Glenville A/K/A Diane D. Glenville A/K/A Diane Glenville, 252 So. 3d 1120 (Fla. 2018). “031 does not define "sale" or "60 days after the sale.”

— 45.032(2) — 13 cases

Pineda v. Wells Fargo Bank, N.A., 143 So. 3d 1008 (Fla. 3d DCA 2014). “Obviously, however, on remand, Nocari is not foreclosed from attempting to establish a statutory entitlement to the surplus if it can meet the applicable requirements of section 45.032. 2 . A subsequent Notice of Lis Pendens was recorded August 16, 2011, which likewise re-fleets…”

Dever v. Wells Fargo Bank Nat'l Ass'n, 147 So. 3d 1045 (Fla. 2d DCA 2014). “Section 45.032 then provides the procedure for the disbursement of surplus funds after a judicial sale and establishes “a rebuttable legal presumption that the owner of record on the date of the filing of a lis pendens is the person entitled to surplus funds after payment of…”

The Bank of New York Mellon, etc. v. Dianne D. Glenville A/K/A Diane D. Glenville A/K/A Diane Glenville, 252 So. 3d 1120 (Fla. 2018). “031 does not define "sale" or "60 days after the sale.”

Bunnie Straub v. Wells Fargo Bank, N.A. Chris Straub, JP Morgan Chase Bank, Nat'l Ass'n, etc., & Faircondo, Inc., a Condo. Ass'n, 182 So. 3d 878 (Fla. 4th DCA 2016). “” § 45.032(2), Fla. Stat. (2014). A subordinate lienholder’s claim is “timely filed” when it is filed “no later than 60 days ’after the sale.”

All Counties Surplus LLC v. Flamingo South Beach I Condo. Assoc., Inc., 211 So. 3d 1096 (Fla. 3d DCA 2017). “it denied the motion for surplus funds filed by All Counties Surplus LLC and awarded any surplus funds to the third party purchasers, and remand with instructions that the improperly disbursed surplus funds be deposited back into the court registry, that the court consider any…”

— 45.032(2)(f) — 3 cases

Saulnier v. Bank of Am., N.A., 187 So. 3d 854 (Fla. 4th DCA 2015).

Darcy L. Saulnier & Michael F. Saulnier v. Bank of Am., N.A., Mortg. Elec. Reg. Sys., Inc., Space Coast Credit Union & City of Tamarac (Fla. 4th DCA 2015).

— 45.032(3) — 5 cases

The Bank of New York Mellon, etc. v. Dianne D. Glenville A/K/A Diane D. Glenville A/K/A Diane Glenville, 252 So. 3d 1120 (Fla. 2018). “031 does not define "sale" or "60 days after the sale.”

Mathews v. Branch Banking & Trust Co., 139 So. 3d 498 (Fla. 2d DCA 2014). “§ 45.032(3). If the owner of the property claims a right to the surplus during this time period and there is no subordinate lienholder, the trial court must order the clerk to pay the surplus to the owner after the deduction of service charges.”

Nat'l Equity Recovery Servs., Inc. v. Imperial Fund Trust (Fla. 4th DCA 2023).

City of Hallandale Beach v. Susana Shames (Fla. 4th DCA 2026).

— 45.032(3)(a) — 5 cases

The Bank of New York Mellon, etc. v. Dianne D. Glenville A/K/A Diane D. Glenville A/K/A Diane Glenville, 252 So. 3d 1120 (Fla. 2018). “031 does not define "sale" or "60 days after the sale.”

Nat'l Equity Recovery Servs., Inc. v. Lisa M Quinn, Individually & as Pers. Rep. of the Est. of Norman & Kathleen Lauterbach, Fairview Isles Condo Ass'n, Inc, & Amerifund Equity Grp. (Fla. 6th DCA 2026).

— 45.032(3)(b) — 8 cases

The Bank of New York Mellon, etc. v. Dianne D. Glenville A/K/A Diane D. Glenville A/K/A Diane Glenville, 252 So. 3d 1120 (Fla. 2018). “031 does not define "sale" or "60 days after the sale.”

Saulnier v. Bank of Am., N.A., 187 So. 3d 854 (Fla. 4th DCA 2015).

Nat'l Equity Recovery Servs., Inc. v. Imperial Fund Trust (Fla. 4th DCA 2023).

— 45.032(3)(c) — 6 cases

The Bank of New York Mellon, etc. v. Dianne D. Glenville A/K/A Diane D. Glenville A/K/A Diane Glenville, 252 So. 3d 1120 (Fla. 2018). “031 does not define "sale" or "60 days after the sale.”

Nat'l Equity Recovery Servs., Inc. v. Midfirst Bank, 8 So. 3d 406 (Fla. 4th DCA 2009). “” § 45.032(3)(c), Fla. Stat. (2007). The clerk prepared and filed a “notice of appointment” of the surplus trustee on August 22, 2007.”

Atwater v. City of Cape Coral, 120 So. 3d 595 (Fla. 2d DCA 2013). “The surplus funds were the result of judicial foreclosure sales, and therefore section 45.032, Florida Statutes (2008), is the applicable statute.”

Est. of Enemencia De Los Santos v. Nat'l Equity Recovery Servs., Inc., 208 So. 3d 1268 (Fla. 3d DCA 2017).

Eduartez v. Fed. Nat'l Mortg. Assoc. (Fla. 3d DCA 2018).

— 45.032(4) — 4 cases

Crescenzo v. Atwater, 136 So. 3d 1248 (Fla. 2d DCA 2014).

Bondi v. Brito, 159 So. 3d 369 (Fla. 2d DCA 2015).

Choice Plus, LLC v. Dep't of Fin. Servs., etc., 244 So. 3d 343 (Fla. 2d DCA 2018).

— 45.032(5) — 1 case

The Bank of New York Mellon, etc. v. Dianne D. Glenville A/K/A Diane D. Glenville A/K/A Diane Glenville, 252 So. 3d 1120 (Fla. 2018). “031 does not define "sale" or "60 days after the sale.”

— 45.032(l)(a) — 3 cases

— 45.032(l)(b) — 1 case

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