THE RECORD ROOM · what the county is holding, on paper If your home sold for more than you owed, that money may be yours.
When a foreclosed home sells at auction for more than the total debt owed, the leftover money is the “surplus” (overage or excess proceeds). By law it belongs to the former owner and any junior lienholders — not the lender. You can usually claim it yourself, for free, instead of paying a finder 30–50%.
An independent, plain-English guide to claiming foreclosure surplus funds and tax-sale overages — and to keeping them, instead of handing a recovery company 30–50%.
You can usually claim it yourself for free or a small filing fee. We’re not a recovery company — we have nothing to take from your money.
See how to claim your surplus — by state
Pick your state and the type of sale. We’ll show the claim route, the deadline (with the statute where we’ve verified it), where the money goes if it’s left unclaimed, and a free do-it-yourself checklist.
Educational tool — not legal advice. Nothing you select leaves your device.
What are surplus funds — and why might they be yours?
Claim it directly through the court or county and you keep the full surplus, minus any small filing fee.
Recovery companies often charge a large cut for paperwork you can usually do yourself. Many states cap these fees.
Understand it, then claim it
Independent, source-cited answers — from what surplus funds are to exactly how to get yours.
The full step-by-step process: who to contact, what to file, and how to avoid missing your deadline.
What are foreclosure surplus funds?Plain-English definition, the formula, and how mortgage surplus differs from a tax-sale overage.
Who is entitled to the surplus?The order of payment — senior liens, junior liens, then you — plus heirs and second mortgages.
Recovery companies: legit, fees & red flagsHow “finders” work, what they charge, the state fee caps, and the scam patterns to avoid.
Claim it yourself — free DIY guideDo it without a recovery company: the documents you need and exactly where to file.
Tax-sale overage & excess proceedsLost a home to unpaid property taxes? This is the separate law — and your right to the overage.
Tyler v. Hennepin: end of home-equity theftThe 2023 Supreme Court ruling that the government can’t keep your tax-sale surplus.
The Supreme Court agrees the surplus is yours
In Tyler v. Hennepin County (2023), a unanimous U.S. Supreme Court ruled that a government cannot take your home for unpaid property taxes and keep the surplus — that’s an unconstitutional taking. It ended “home-equity theft” for tax sales and pushed many states to change their laws. Read what it means for you →