If your Marion 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 seatOcala, Florida · North Central region
Office holding the surplusMarion County Clerk of 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.
This county does not deal with recovery companies.
The Clerk has stated it does not contract with or recognise third parties for surplus collection. Practically, that means the claim goes in under your name, or through an attorney you retain directly.
“The Clerk's Office does not contract with individuals or businesses to collect unclaimed funds or surplus funds... you may wish to report such contact to your local law enforcement agency.”
— Marion County Clerk of Court and Comptroller
What trips people up in Marion County
Marion issued this notice on June 4, 2025. It is the most adversarial county position in Florida toward third-party recovery contact — treat Marion as a self-file-coaching county only.
The Florida rules behind all of this
These apply statewide, not just in Marion 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.