Surplus funds, explained

What happens to the extra money when a property sells for more than was owed.

A modest suburban home at golden hour, representing a property sold at auction

There may be money from your property sale that is still yours.

When a home is sold at a tax sale or foreclosure auction, it often sells for more than was owed. The extra is called surplus funds — and in most cases it belongs to the former owner, not the county.

No upfront cost. A fee is earned only if the funds are recovered.

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The property sells for more than was owed

A tax sale or foreclosure auction brings in more than the taxes, liens and costs against the property. The difference is the surplus.

The county holds the extra money

The clerk, tax commissioner or court parks the surplus in an account. It is not the county's money and it is not the buyer's money.

It belongs to the former owner or their heirs

After any remaining lienholders are satisfied, the balance is legally payable to the person who owned the property when it sold — or to their heirs.

There is a deadline

Claim windows vary by state and some are short. When they close, the money escheats to the state or is absorbed by the county.

How I help

  1. 1Confirm the surplus exists and pull the county record showing the amount.
  2. 2Verify you are the rightful claimant — owner of record, or heir.
  3. 3Assemble the identity, title and heirship documents the county requires.
  4. 4File the claim and follow it through the clerk or court until it is paid.

The fee is a percentage of what is actually recovered, disclosed in writing before anything is signed. If nothing is recovered, nothing is owed.

Common questions

Educational information, not legal advice. Rules and deadlines vary by state and county.