Arizona surplus funds list

Arizona surplus funds rules

Sales that create surplus

Non-judicial trustee sale (deed of trust); Tax lien foreclosure with court-ordered 'excess proceeds sale' (ARS 42-18204, Title 42 ch. 18 art. 6, 42-18231 et seq.); Judicial mortgage foreclosure (sheriff sale; HOA/association liens (paid in 33-812(A)(4) priority

Who holds the money

Trustee sale: trustee, who may deposit balance with county treasurer pending superior court order (33-812(C)); must apply or deposit within 90 days of sale (33-812(K)). Tax-lien excess proceeds sale: the 'qualified entity' conducting the sale distributes within 90 days (42-18236).

Unclaimed funds go to

Trustee-sale deposits presumed abandoned if held at least 2 years from deposit with no pending application: <=$50 to county general fund; >$50 reported/remitted to AZ Dept of Revenue unclaimed property (33-812(L)-(N)). Tax excess-proceeds-sale money unclaimed after 90 days goes to Unclaimed Property Act (Title 44 ch. 3) (42-18236).

How owners claim

Trustee sale: file application for release in the superior court civil action the trustee filed (naming county treasurer); mail within 3 business days; responses due 45 days; court orders release by 33-812(A) priority (treasurer fee up to $100). Tax-lien: owner (or since 2026, certificate holder) asks the foreclosure court to find an excess proceeds sale reasonable (likely > $2,500 over amounts owed) before judgment takes effect; owner then paid automatically by qualified entity, no need to attend sale. — deadline: Trustee sale: before the 2-year abandonment presumption (then claim with ADOR unclaimed property). Tax: request must be made before judgment takes effect; funds distributed within 90 days then to unclaimed property.

Agent / finder fee cap

Trustee-sale excess: fee must be reasonable; fee over $2,500 (excluding attorney fees and filing/notice costs) presumed unreasonable and unenforceable unless court approves on application (33-812(P)). Tax excess-proceeds sale: no specific cap found (42-18236).

Waiting period

Recovery agreements entered before 30 days after the trustee sale (excluding sale date) are void (33-812(P)). After transfer to ADOR, Arizona unclaimed-property locator rules apply. verify

Registration

None in 33-812; agreement must be in writing, signed by claimant and notarized/acknowledged.

Getting the list

Maricopa County Treasurer publishes an 'Excess Proceeds' list of 33-812 deposits (button on treasurer.maricopa.gov; exact link not captured). Pima County Treasurer sells an excess proceeds list ($50 per 2018 fee schedule). Other counties: public records request to county treasurer; also superior court civil dockets naming treasurer as defendant.

Law: ARS 33-812(P); ARS 42-18204, 42-18236 · confirm details with the county; rules change.