Answers
Straight answers before you sign anything
Surplus funds recovery is full of jargon and bad actors. Here is how the process really works, what it costs, and what protects you at each step.
The basics
01What exactly is a surplus?
A surplus is created when a property sells at a foreclosure or tax auction for more than the debt owed against it. Once the lienholders are paid, that leftover money legally belongs to the former owner or their heirs — not to the county, and not to the buyer.
02Why might I be owed funds?
The most common reason is that a property you owned went through a mortgage foreclosure or tax sale and sold for more than the eligible debt and costs. You may also be an heir to a former owner who has passed away.
03Where are these funds held?
Usually in a court registry or with a county clerk, treasurer or tax authority. Each holder has its own claim form, proof standard and release process, which is why careful review matters.
04Can my lender take the surplus?
If the mortgage was the foreclosing party, it was already paid out of the sale proceeds and has no claim on the overage. If the mortgage was not part of the case, it cannot reach into the surplus either. We confirm the lien position in writing before you sign anything.
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