Do You Qualify to Recover Surplus Funds?
After a foreclosure sale, the court may be holding money that belongs to you. Find out if you have a rightful claim — at no upfront cost.
What Are Surplus Funds?
When a property is sold at a foreclosure auction for more than what was owed on the mortgage, the excess money — called surplus funds or foreclosure overages — doesn't automatically go back to the former owner. It sits with the court or a government agency, often unclaimed.
Many former homeowners, heirs, and lienholders never know this money exists. Our job is to find it, file the claim, and get it back to the rightful party — with no fee unless we recover.
Who Can File a Claim
Surplus funds recovery is available to several categories of claimants. See which applies to you.
Former Property Owners
If you owned the foreclosed property at the time of the auction sale, you are typically the primary claimant for any surplus funds generated.
- You were on the deed at the time of foreclosure
- The property sold for more than the total debt owed
- You have not previously filed a claim for these funds
- The claim window for your state has not expired
Heirs & Estate Representatives
If the former owner is deceased, their rightful heirs or the executor of their estate may be entitled to claim the surplus funds on behalf of the estate.
- You are a surviving spouse, child, or legal heir
- You are the executor or administrator of the estate
- Probate has been opened or you have legal standing
- The estate has not previously claimed these funds
Junior Lienholders
Second mortgage holders, judgment creditors, and other junior lienholders may have a subordinate claim to surplus funds after the primary claimant is satisfied.
- You held a second mortgage or home equity loan
- You have a recorded judgment lien against the property
- Your lien was not fully satisfied by the foreclosure sale
- Your lien was junior to the foreclosing mortgage
Surviving Spouses
A surviving spouse who was not on the deed may still have a legal interest in surplus funds depending on state law and the nature of the marital property.
- You were legally married to the property owner
- The property was the marital home or jointly occupied
- Your state recognizes spousal interest in foreclosure proceeds
- No other claimant has already recovered the full surplus
Who Typically Does Not Qualify
Understanding what disqualifies a claim can save time and set proper expectations.
- The foreclosure sale did not produce a surplus (sale price was less than or equal to the debt)
- The claim window under your state's statute has already expired
- The surplus funds have already been claimed by another party
- You voluntarily deeded the property away before the foreclosure sale
- You were a tenant or occupant but never held an ownership interest
Not sure whether you qualify? Contact us for a free, no-obligation review. We'll research your case and give you a straight answer.
State-Specific Claim Windows
Each state sets its own deadline for claiming surplus funds. Missing the window means forfeiting your right to recover.
Former owner has 60 days from the certificate of disbursements to file. After that, junior lienholders may claim.
No fixed statutory window — claimants must petition the court. Laches (unreasonable delay) can bar a claim.
Former owners have up to 5 years under O.R.C. §2329.44. Unclaimed funds may transfer to the state after that period.
Claimants have 1 year from the date of sale under NRS §40.462. Unclaimed funds may transfer under NRS §120A.
Non-judicial deed of trust state under T.C.A. §35-5-101 et seq. Claim windows vary by county and trustee.
Pa. R.C.P. No. 3136 allows a 10-day exception window post-sale. Unclaimed funds subject to PA Abandoned Property Act.
Non-judicial state under O.C.G.A. §44-14-161. Former owners should contact the foreclosing attorney promptly.
How the Claim Process Works
Free Eligibility Review
We research your property and foreclosure records at no cost to determine if a surplus exists and whether you have a valid claim.
Contingency Agreement
If you qualify, we enter a contingency agreement. You pay nothing upfront — our fee is only collected if we successfully recover funds for you.
Claim Filing & Recovery
We handle all paperwork, court filings, and follow-up with the appropriate agency to recover your surplus funds as quickly as possible.
Not Sure If You Qualify?
Let us do the research for you — free of charge. A quick conversation is all it takes to find out if money is waiting for you.
No upfront cost. No fee unless we recover. Free consultation available.