If your Collier County property sold at a tax deed auction for more than the taxes owed, the overage is yours — not the county’s. 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
County seatNaples, Florida · Southwest region
Office holding the surplusCollier County Clerk of the Circuit Court and Comptroller
Deadline120 days from the date on the Clerk’s notice of surplus, under F.S. §197.582. Lienholders are barred after day 120; the former owner has longer, until the funds are reported as unclaimed.
“You may claim surplus funds from our office free of charge. Paying a fee or percentage of the surplus for assistance from a third party is not required to submit a claim.”
— Collier County Clerk of the Circuit Court and Comptroller, in its own words
We quote that because it is true and you should know it before you talk to anybody, us included. Self-filing is free. Most people who come to us do so because their case has friction — probate, competing liens, an out-of-state notarization, a rejected filing — not because the form itself is hard.
This county tells owners they don't need to pay anyone.
The Clerk publishes a notice that paid help is not required. That is accurate, and we agree with it — read it before you sign anything with anyone, including us.
The Florida rules behind all of this
These apply statewide, not just in Collier County:
The surplus is yours. When a tax deed sale brings more than the taxes owed, the excess belongs to the former owner. F.S. §197.582. The U.S. Supreme Court confirmed the principle nationwide in Tyler v. Hennepin County (2023).
Governmental liens are paid first. Under §197.582(2)(a) the Clerk pays governmental units holding liens of record before anyone else. Note AGO 2020-01, which 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.
A code enforcement lien only counts if it runs against your parcel. In Green Terrace E33, LLC v. Abruzzo (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 instead?
You stay the legal claimant and the named payee on the Clerk’s disbursement. In Florida the claim is prepared and filed by an independent licensed attorney whom you engage directly; we verify the surplus, assemble your documents, and track the 120-day deadline — and we’re paid only after you are: a flat 25% of recovered funds (30% on complex cases — probate, competing liens, multiple heirs, or a required court petition), $0 upfront, three-business-day cancellation. Where a state caps recovery fees below that, the cap applies instead.