Statutory Recovery Protocols & Filing Schemas

IN THE CIRCUIT COURT OF THE [CIRCUIT NUMBER] JUDICIAL CIRCUIT
IN AND FOR [COUNTY NAME] COUNTY, FLORIDA

IN RE: TAX DEED FILE NO.: [CASE / TAX DEED NUMBER]
PARCEL IDENTIFICATION NO.: [PARCEL ID]
PROPERTY ADDRESS: [SITUS ADDRESS]

________________________________________/

CLAIMANT'S NOTARIZED MOTION FOR DISTRIBUTION OF SURPLUS PROCEEDS
PURSUANT TO FLORIDA STATUTE § 197.582

COMES NOW the Claimant, [NAME OF CLAIMANT / TITLEHOLDER / HEIR], by and through undersigned counsel, and moves this Honorable Court and the Clerk of the Circuit Court for an Order directing the distribution of tax deed surplus proceeds currently held in the registry, and in support states as follows:

1. On [AUCTION DATE], the Clerk of the Circuit Court conducted a statutory tax deed sale for the subject real property located at [PROPERTY ADDRESS], Parcel ID: [PARCEL ID].

2. Following the satisfaction of all outstanding delinquent taxes, statutory interest, and Clerk administrative costs, a surplus balance in the amount of $[SURPLUS AMOUNT] was deposited into the Clerk's registry.

3. Pursuant to Florida Statute § 197.582(2), the Clerk issued a Notice of Surplus Funds to all recorded governmental lienholders, junior mortgagees, and the titleholder of record.

4. Claimant is the lawful [Record Titleholder / Legitimate Heir / Assignee] of the subject property as of the date of the tax deed auction, as evidenced by the attached recorded deed recorded at Official Records Book [BOOK], Page [PAGE] of the Public Records of [COUNTY NAME] County, Florida (Exhibit "A").

5. [IF APPLICABLE]: More than 120 days have elapsed since the Clerk mailed the statutory Notice of Surplus, and no superior governmental or junior mortgage lien claims have been timely filed, or all junior encumbrances have been duly satisfied.

WHEREFORE, Claimant respectfully requests that the Clerk of the Circuit Court distribute the net surplus proceeds of $[SURPLUS AMOUNT] payable to [CLAIMANT NAME / ATTORNEY TRUST ACCOUNT] pursuant to Fla. Stat. § 197.582.

DATED this _____ day of _______________, 20___.

Respectfully submitted,

__________________________________________
[ATTORNEY NAME / FIRM NAME]
Florida Bar No.: [BAR NUMBER]
[ADDRESS / SUITE]
[CITY, STATE, ZIP]
Telephone: [PHONE NUMBER]

CAUSE NO. [CAUSE NUMBER]

[TAXING ENTITY PLAINTIFF]         §   IN THE DISTRICT COURT OF
                                   §
VS.                                §   [COUNTY NAME] COUNTY, TEXAS
                                   §
[DEFENDANT / FORMER OWNER]        §   [JUDICIAL DISTRICT] JUDICIAL DISTRICT

CLAIMANT'S PETITION FOR RELEASE OF EXCESS PROCEEDS
PURSUANT TO TEXAS TAX CODE § 34.04

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW [CLAIMANT NAME], Petitioner herein, and files this Petition for Release of Excess Proceeds pursuant to Section 34.04 of the Texas Tax Code, showing the Court the following:

I. PARTIES AND JURISDICTION
1. Petitioner is an individual residing at [PETITIONER RESIDENCE ADDRESS].
2. This Court has proper jurisdiction pursuant to Tex. Tax Code § 34.04 because the real property that was the subject of the tax foreclosure sale is located within [COUNTY NAME] County, Texas, and the excess proceeds are retained in this Court's registry.

II. FACTUAL BACKGROUND
3. On [SHERIFF SALE DATE], pursuant to an Order of Sale issued by this Court, the real property commonly known as [PROPERTY SITUS ADDRESS], Account No. [ACCOUNT NUMBER], was sold at public auction.
4. After satisfying the underlying tax judgment, penalties, interest, and costs of sale, excess proceeds in the total amount of $[EXCESS AMOUNT] were remitted into the Registry of this Court.
5. Less than two (2) years have elapsed since the date of the sheriff's sale.

III. STATUTORY ENTITLEMENT
6. Under Tex. Tax Code § 34.04(c), Petitioner is entitled to receive the excess proceeds as the [Former Record Owner / Lawful Heir / Assignee] of the subject real property. Attached hereto as Exhibit "A" is true and correct proof of title ownership.

PRAYER
WHEREFORE, PREMISES CONSIDERED, Petitioner prays that citation and notice issue to all necessary taxing entities and parties of record, that this Court set this matter for hearing, and upon final consideration, enter an Order directing the District Clerk to disburse the sum of $[EXCESS AMOUNT] from the registry to Petitioner.

Respectfully submitted,

__________________________________________
[ATTORNEY NAME / BAR NO.]
[FIRM NAME & ADDRESS]
Counsel for Petitioner

CONTINGENCY LEGAL REPRESENTATION AGREEMENT & STATUTORY FEE DISCLOSURE
FOR RECOVERY OF TAX SALE SURPLUS / EXCESS PROCEEDS

CLIENT: [CLIENT FULL LEGAL NAME]
ATTORNEY/FIRM: [LAW FIRM NAME]
PROPERTY PARCEL: [PARCEL ID / LEGAL DESCRIPTION]
CASE / DOCKET NO.: [DOCKET NUMBER]

1. SCOPE OF ENGAGEMENT: Client hereby retains Attorney to represent Client in investigating, preparing, filing, and litigating all necessary claims and petitions to recover tax deed surplus / excess proceeds resulting from the public auction of the above-referenced property.

2. CONTINGENCY FEE & EXPENSES:
   a. NO RECOVERY, NO FEE: Attorney fees are strictly contingent upon the actual recovery and disbursement of funds from the county clerk or court registry. If no funds are recovered, Client owes $0.00 in attorney fees.
   b. STATUTORY FEE CAP COMPLIANCE:
      - FLORIDA CLAIMS: Attorney compensation shall not exceed twenty percent (20.0%) of the gross surplus amount recovered, in strict accordance with Fla. Stat. § 197.582.
      - TEXAS CLAIMS: Attorney compensation shall not exceed twenty-five percent (25.0%) of the gross excess proceeds recovered, pursuant to Tex. Tax Code § 34.04.

3. CLIENT DISCLOSURE & ACKNOWLEDGMENT: Client acknowledges that surplus funds are held by the public clerk/court registry and that Client has the right to file an independent claim directly with the county without legal counsel. Client explicitly elects to engage Attorney to navigate lien priority determinations, heirship verification, and formal court motions.

4. TRUST ACCOUNT DISBURSEMENT: Upon receipt of registry disbursement checks, funds shall be deposited into Attorney's IOLTA/Trust Account and distributed to Client within ten (10) business days alongside a formal settlement statement.

CLIENT SIGNATURE: ____________________________________ DATE: ______________
ATTORNEY SIGNATURE: __________________________________ DATE: ______________