The process
How Foreclosure Surplus Recovery Works
From the moment you contact us to the day funds land in your account, here is exactly what happens — and why having an attorney on your side makes all the difference.
Why Surplus Funds Go Unclaimed
When a property is sold at a foreclosure auction — whether by a lender or a county tax authority — the sale price often exceeds the amount owed. That excess is called a surplus, and it legally belongs to the former owner.
The problem is that no one is required to notify you. The surplus sits in a court registry or with a county trustee, sometimes for years, while the clock ticks toward the state's escheatment deadline. Most former homeowners never know it exists.
That is where we come in. We search the records, find the money, and put licensed attorneys to work getting it released to you.
Surplus funds are held in court registries
Often for years with no notification to the former owner
No automatic notification required by law
Former owners must proactively file a claim to recover funds
State escheatment deadlines apply
Unclaimed funds are eventually turned over to the state — act early
The Five-Step Process
We Search the Records at No Cost to You
When you contact us, our research team immediately begins searching foreclosure auction records, court filings, and county trustee accounts associated with your property. We cross-reference judicial and non-judicial foreclosure databases, tax deed auction records, and court registry holdings across all relevant jurisdictions.
- Our search covers mortgage foreclosure and tax deed auction records
- We check court registries, county clerk records, and trustee accounts
- Results delivered within 1–3 business days
- No cost and no obligation at this stage
We Explain Everything Before You Commit
Once we confirm a surplus exists, we walk you through exactly what we found — the amount, the holding entity, and the claim process specific to your jurisdiction. We provide a written contingency agreement that clearly states our fee percentage before any work begins. You review it, ask any questions, and sign only when you are ready.
- Written agreement provided before any legal work begins
- Fee percentage clearly stated — no hidden charges
- Full explanation of the claim process for your state
- No pressure — you decide whether to proceed
A Licensed Attorney Files the Legal Claim
Once you sign the agreement, a licensed attorney from our network takes over. They prepare and file the legal petition with the court or trustee holding your funds, gather the required documentation, and manage all correspondence with the court. In some jurisdictions this requires a hearing; in others it is handled entirely through written filings. Our attorney handles all of it.
- Licensed attorney assigned to your case
- Legal petition prepared and filed with the appropriate court or trustee
- All required documentation gathered and submitted
- Court hearings attended by your attorney on your behalf
- You are kept informed at every stage
The Court Reviews and Approves the Release
After the petition is filed, the court or trustee reviews the claim to confirm your legal entitlement to the funds. This may involve a brief waiting period for any competing claimants to come forward, followed by a court order authorizing the release. Our attorney monitors the case and responds to any court requests promptly.
- Court or trustee reviews the petition and supporting documentation
- Waiting period for competing claims (varies by state)
- Court issues an order authorizing disbursement
- Attorney responds to any court inquiries or requests
The Money Is Released Directly to You
Once the court approves the release, the funds are disbursed. Our fee is deducted from the recovered amount at this stage — you never write a check or provide payment information. The remainder is sent directly to you by check or wire transfer, depending on your preference and the disbursing entity's process.
- Funds released by the court registry or trustee
- Our contingency fee deducted from the recovered amount
- Remainder disbursed directly to you
- Payment by check or wire transfer
Two types of surplus
Mortgage Foreclosure vs. Tax Deed Surplus
Mortgage Foreclosure Surplus
When a lender forecloses on a property and the auction sale price exceeds the outstanding loan balance plus fees, the excess proceeds are held by the court. The former homeowner — or their estate — is entitled to claim them. These funds are most commonly held in county court registries and are subject to state-specific claim deadlines.
Example
Tax Deed Surplus
When a county sells a property at a tax deed auction to recover unpaid property taxes, any amount above the tax debt belongs to the former owner. These surpluses are held by the county clerk or tax collector and are frequently unclaimed because former owners don't know the sale occurred or don't understand their right to the excess proceeds.
Example
Who can claim
Are You Eligible?
Former Homeowners
If you lost a property to foreclosure and the auction generated a surplus, you are likely entitled to claim it — regardless of how long ago the foreclosure occurred, subject to state regulated forfeiture deadlines.
Heirs & Estates
If the former owner is deceased, their legal heirs or the estate may be entitled to the surplus. Our attorneys are experienced in navigating probate requirements for these claims.
Junior Lienholders
In some cases, junior lienholders (second mortgage holders, judgment creditors) may have a claim to surplus funds ahead of the former owner. We can assess your position in the priority order.
Business Owners
If a business-owned property was foreclosed, the business entity or its principals may be entitled to claim the surplus. We handle commercial foreclosure surplus cases as well.
Find Out If a Surplus Is Waiting for You
Our free search takes 1–3 business days. We'll tell you exactly what we found, what the process involves, and what our fee will be — before you commit to anything.