FAQ — Asset Refund Group

Question 1

What is a foreclosure surplus?

Accepted Answer

A foreclosure surplus occurs when a property is sold at a foreclosure auction for more than the amount owed on the mortgage or tax debt. The excess proceeds — the surplus — legally belong to the former property owner, not the lender or the county. These funds are typically held in a court registry or by a trustee until they are claimed or escheated to the state.

Question 2

What is the difference between a mortgage foreclosure surplus and a tax deed surplus?

Accepted Answer

A mortgage foreclosure surplus arises when a lender forecloses on a property and the auction sale price exceeds the outstanding loan balance. A tax deed surplus arises when a county sells a property at auction to recover unpaid property taxes and the sale price exceeds the tax debt owed. Both types of surplus legally belong to the former owner, and both can be recovered through a legal claim process.

Question 3

How do I know if a surplus exists from my foreclosure?

Accepted Answer

Most former homeowners have no idea a surplus exists — that's exactly why so many go unclaimed. Surplus amounts are recorded in court filings and county auction records, but there is no automatic notification to the former owner. We search these records on your behalf and will tell you within days whether a surplus was generated and how much is being held.

Question 4

How long do I have to claim my surplus?

Accepted Answer

Deadlines vary by state, but most states allow former owners to claim surplus funds for one to five years before the money is turned over to the state as unclaimed property. Even after escheatment, funds may still be recoverable through the state's unclaimed property process. We strongly recommend acting as soon as possible to avoid complications and ensure the full amount is still available.

Question 5

How does the recovery process work?

Accepted Answer

We begin by searching foreclosure auction records to identify whether a surplus was generated from your property. Once confirmed, a licensed attorney files a legal petition with the court or trustee holding the funds, requesting their release to you as the rightful claimant. The court reviews the petition, and upon approval, the funds are disbursed directly to you. We manage every step of this process.

Question 6

Do I need my own attorney?

Accepted Answer

No. We work with a network of licensed attorneys who handle the legal filing and court process on your behalf as part of our service. You do not need to hire or pay a separate attorney. Our attorneys are experienced specifically in surplus recovery proceedings and handle these cases regularly.

Question 7

What documents will I need to provide?

Accepted Answer

Typically you will need a government-issued photo ID and documentation establishing your ownership of the foreclosed property, such as a prior deed, mortgage statement, or tax record. For estate claims, probate documents or letters of administration may be required. We will tell you exactly what is needed for your specific case and guide you through gathering it.

Question 8

Can heirs or family members claim a surplus if the former owner has passed away?

Accepted Answer

Yes. If the former property owner is deceased, their legal heirs or the estate may be entitled to the surplus. Our attorneys are experienced in navigating probate requirements and can work with the estate to file the appropriate claim. This is one of the most common situations we handle.

Question 9

How much does your service cost?

Accepted Answer

We work on a contingency basis — there are no upfront fees, no retainer, and no charges if we do not recover funds for you. Our fee is a percentage of the recovered surplus amount, agreed upon in writing before any work begins. This percentage varies based on the complexity of the case and the state where the property was located.

Question 10

When do I pay?

Accepted Answer

You pay nothing until funds are successfully recovered and disbursed to you. Our fee is deducted from the recovered amount at the time of disbursement — you never write us a check or provide payment information upfront. This structure ensures our interests are completely aligned with yours.

Question 11

Can I file a surplus claim on my own without paying a fee?

Accepted Answer

In some states, former owners can file a pro se (self-represented) claim directly with the court. However, the process involves legal filings, court hearings, and strict procedural requirements that vary significantly by jurisdiction. Errors or missed deadlines can result in losing the claim entirely. Most people find that the cost of our service is well worth the certainty of having an experienced attorney handle the process correctly.

Question 12

How do I know this is legitimate?

Accepted Answer

Foreclosure surplus recovery is a well-established legal process, and the funds we recover are real — held in official court registries and county accounts. We are a BBB Accredited Business, and the attorneys we work with are licensed and in good standing in their respective states. We never ask for payment upfront, and we provide a written agreement before any work begins. You can independently verify that a surplus exists in court records before committing to anything.

Question 13

How do you protect my personal information?

Accepted Answer

All personal information you provide is encrypted in transit and at rest, stored on secure servers, and accessible only to team members and attorneys directly working on your case. We never sell or share your information for any purpose other than recovering your funds. Our practices comply with all applicable state and federal privacy regulations.

Frequently Asked Questions

Understanding Foreclosure Surplus

The Recovery Process

Fees & Payment

Security & Legitimacy

Still have questions?