Surplus funds resources
Plain-language guides on what surplus funds are, who can claim them, what documents you need, and how deadlines work in each state.
Understanding surplus funds
What are surplus funds?
Surplus funds, also called excess proceeds, are the money left over when a property sells at auction for more than the total debt owed. The difference legally belongs to the former owner, but most people never learn it exists.
Who can claim surplus funds?
The former property owner has the first right. If the owner has passed away, their heirs or estate representative can claim. In some states, junior lienholders may also have a claim to a portion of the surplus.
What documents do I need to file a claim?
Requirements vary by county, but most claims require proof of identity, proof of ownership at the time of sale (such as a deed), and a completed claim form. Heirs typically also need a death certificate and proof of relationship or legal authority.
Where do I file a claim?
Claims are filed with the county clerk, treasurer, tax commissioner, or court that holds the funds. Each record in our registry lists the holding authority and cites the official source so you know exactly where to go.
State-by-state notes
Claim deadlines and filing procedures vary by state. These notes cover the states currently represented in the registry. Always confirm current requirements with the holding authority listed on your record.
Georgia
Georgia law allows former owners five years from the tax sale date to claim excess proceeds. Claims are filed with the county tax commissioner.
Texas
Texas generally allows two years from the sale date to claim surplus proceeds from a foreclosure. Claims go through the district clerk of the county where the sale occurred.
California
California allows one year from the trustee sale date for the former owner to claim surplus funds. After that, junior lienholders may claim. Claims are filed with the county treasurer-tax collector.
Florida
Florida allows one year from the certificate of disbursements for the former owner to claim surplus funds. Claims are filed with the clerk of court in the county of the sale.
Illinois
Illinois does not set a single statewide deadline for mortgage foreclosure surplus. Claims are filed with the circuit court that handled the foreclosure case.
Arizona
Arizona allows two years from the tax sale date to claim excess proceeds. Claims are filed with the county treasurer.
These summaries are general information, not legal advice. Deadlines and procedures change, and exceptions apply in many situations. Confirm the current rules with the county clerk, treasurer, or court listed on your record before relying on any deadline.
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Find out if surplus funds from a foreclosure or tax sale belong to you.
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