State Statutes
Foreclosure surplus fund laws for the seven states we serve — Florida, South Carolina, Ohio, Nevada, Tennessee, Pennsylvania, and Georgia. Click any state tab to review the governing statutes and key provisions.
The information below is provided for educational and reference purposes only and does not constitute legal advice. Statute language may be amended by the legislature; always verify current text at the official state code repository. AVM Enterprises is not a law firm.
Florida — Disbursement of Surplus Funds After Foreclosure Sale
Florida law requires the clerk of court to hold any surplus proceeds from a foreclosure sale. The former property owner has a priority right to claim those funds, but must act within the statutory window before subordinate lienholders or the state can absorb them.
South Carolina — Distribution of Surplus Proceeds from Judicial Sales
South Carolina distributes foreclosure surplus through the master-in-equity or circuit court. While there is no hard statutory deadline equivalent to Florida's 60-day rule, the doctrine of laches and the state's Unclaimed Property Act create real urgency for former owners to act.
Ohio — Distribution of Surplus After Sheriff's Sale
Ohio foreclosure sales are conducted by the county sheriff. Surplus proceeds are held by the court and distributed by judicial order. Former owners must file a motion in the original foreclosure case, and unclaimed funds escheat to the state after five years.
Nevada — Surplus Proceeds from Trustee's Sales and Execution Sales
Nevada uses both non-judicial (trustee's sale) and judicial foreclosure processes. Surplus funds from either process are subject to specific claim procedures, and former owners have one year to claim before funds are paid to the county treasurer as unclaimed property.
Tennessee — Surplus Proceeds from Non-Judicial Foreclosure Sales
Tennessee primarily uses non-judicial (deed of trust) foreclosure. When a trustee's sale generates surplus proceeds above the debt owed, the trustee holds those funds and must distribute them to junior lienholders and ultimately the former owner. Unclaimed surplus eventually escheats to the state under Tennessee's Uniform Disposition of Unclaimed Property Act.
Pennsylvania — Distribution of Surplus from Sheriff's Sale
Pennsylvania foreclosures are judicial and conducted through the county sheriff. Surplus proceeds are paid into court and distributed by the prothonotary under court supervision. Former owners must file a claim in the original foreclosure action, and unclaimed funds are eventually transferred to the Pennsylvania Treasury under the Disposition of Abandoned and Unclaimed Property Act.
Georgia — Surplus Proceeds from Non-Judicial and Judicial Foreclosure Sales
Georgia primarily uses non-judicial foreclosure under a power of sale in the security deed. When a foreclosure sale generates surplus proceeds, the lender or attorney conducting the sale holds the funds and must distribute them to junior lienholders and the former owner. Georgia's unclaimed property law governs funds that go unclaimed.
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