Understanding surplus funds
When a foreclosed property sells for more than the total debt owed, the excess money becomes surplus funds that legally belong to the former property owner.
Distribution order
After a foreclosure sale, proceeds are distributed in a specific legal order:
Foreclosing party
The lender or entity that initiated the foreclosure receives payment for the outstanding debt
Junior lienholders
Any secondary liens (second mortgages, tax liens, HOA liens) are paid in order of priority
Property owner
After all debts are satisfied, remaining surplus funds belong to the former property owner
Our recovery process
We handle every aspect of the claim process so you can focus on moving forward
Property research
We conduct thorough research to identify surplus funds from your foreclosure sale. Our team reviews county records, sale documents, and distribution orders to determine the exact amount available.
Documentation preparation
We gather all required documentation including proof of ownership, identification, and legal forms specific to your state. Our expertise ensures nothing is missed in the complex filing process.
Claim filing
We file your claim with the appropriate court or county office, ensuring all deadlines are met and procedures are followed correctly. We handle all legal requirements on your behalf.
Fund recovery
Once approved, surplus funds are released to you. We monitor the process closely and keep you informed at every stage until you receive your money.
Legal framework
Surplus funds recovery is governed by state-specific statutes and court procedures. Each state has different requirements for filing claims, documentation, and deadlines. Our team stays current with regulations across all 50 states we serve to ensure your claim is filed correctly.
The legal right to surplus funds is well-established, but the process can be complex. We navigate these complexities on your behalf, ensuring compliance with all legal requirements while protecting your interests throughout the recovery process.
Frequently asked questions
Common questions about surplus funds and the recovery process