ClawBack Family Funds LLC. 

In 2023, the U.S. Supreme Court ruled in "Tyler v. Hennepin County", that surplus or excess funds from tax deed sales belong to the former property owner — not the government. ClawBack Family Funds LLC helps families claim these rightful funds.

Q: What is a tax deed surplus?

When a property owner fails to pay their property taxes, the county may sell the property at a public auction (called a tax deed sale) to recover the unpaid taxes.

If the property sells for more than the taxes owed, the extra money is called the surplus. This money may be available to the former owner, their heirs, or certain lienholders — but most people don’t know it exists or how to claim it.

Q: What if the property had liens or an outstanding mortgage on it?

This is a common concern, but here’s the good news: in Florida, when a property is sold at a tax deed auction, most liens — including mortgages — are wiped out as part of the sale process.

However, lienholders (such as mortgage lenders or judgment creditors) may still try to claim the surplus — but they have to act fast.

✅ Under Florida law (F.S. §197.582), lienholders have 120 days from the date the Clerk of Court mails them notice of the surplus to file a claim. If they don’t file in time, they lose their right to the money, and any remaining surplus may go to the former owner or their heirs.

We handle the research to determine:

Whether any lienholder has a valid and timely claim

How much surplus remains after all priority claims

Whether you're entitled to some or all of the funds

Even if the property had a mortgage or other liens, you may still be entitled to a substantial portion — or even the full surplus.

Q: Why do I need to sign a contract before you begin the claim?

Great question. We require a signed engagement agreement upfront to protect both you and our firm — and to ensure that your claim is handled properly, from start to finish.

Here’s why this step is essential:

🔐 It protects you and your claim

A signed agreement makes it clear that you’ve authorized us to act on your behalf. This ensures:

You get full transparency about our fees and services (we work on contingency — no recovery, no fee)

No one else can interfere with your claim once it's submitted

The county has legal proof of your authorization, which speeds things up

🔎 It starts the real discovery process

The engagement contract also allows us to conduct a fact-finding interview and gather background information about your situation. This helps us determine:

Whether probate or legal filings are needed

What the recovery process will involve

What our actual fee structure will be (based on complexity and cost)

Once that’s clear, we’ll prepare a final contract package — typically including a notarized agreement — and begin gathering the necessary documents, hiring attorneys (if required), and moving your claim forward.

⚠️ It prevents delays and disputes

In some cases, multiple parties submit claims for the same surplus. When that happens, the county usually freezes everything until the dispute is sorted out — and nobody gets paid in the meantime.

Our contract ensures your claim is prioritized and avoids this kind of mess.

💡 Think of it like filing your taxes

You may be owed a tax refund — but the IRS won’t just cut you a check because you show up with an ID. You have to apply for it properly, fill out the forms, and prove your connection to the money.

Surplus recovery works the same way.
It’s your money — but you still have to claim it the right way.
We’re here to do that for you, but we need your authorization first.

Q: What if I can't afford legal fees?

You don’t need to pay anything upfront. We work entirely on a contingency basis — which means:

You only pay us if we successfully recover surplus funds on your behalf

We cover all legal and administrative costs until then

We also work with experienced Florida attorneys who offer us discounted rates in exchange for consistent case referrals. That allows us to keep your total fees lower while still giving you access to professional legal support when it’s needed.

Our goal is to make this process affordable, transparent, and risk-free for you.

Q: Do you handle surplus recovery outside of Florida?

Yes. While we’re based in Florida and have deep experience with its surplus recovery laws, we are fully prepared to assist clients in any U.S. state where tax deed or foreclosure sales generate surplus funds.

The U.S. Supreme Court's Tyler v. Hennepin County ruling clarified that homeowners have a constitutional right to claim surplus proceeds — not just in Florida, but nationwide. This landmark decision has opened the door for surplus recovery efforts in many other states.

If your property was sold in another state, we will:

Research and confirm whether surplus funds are available

Work with attorneys licensed in that state

Handle the entire claim process on a contingency basis, just like we do in Florida

We’re committed to helping people recover what is rightfully theirs — no matter where the property was located.

📌 Disclaimer

The information provided on this site is for general informational purposes only and does not constitute legal, tax, or financial advice. Clawback Family Funds LLC is not a law firm. Any legal services required as part of the recovery process are carried out through our affiliated attorneys, with whom we have established working relationships.

All surplus recovery work is conducted under a contingency-based agreement. We provide support through our legal partners where necessary, and we are the primary point of contact for your claim from start to finish.

Please do not interpret this information as a suggestion to hire outside counsel or other firms — our process includes legal representation when appropriate and is designed to offer a complete, no-upfront-cost recovery solution.