How to claim surplus funds yourself

If your home was sold at a tax deed or foreclosure sale for more than you owed, the extra money — the surplus or excess proceeds — belongs to you (after any other liens). You can claim it directly, usually for free.

1. Check if there is surplus

Find your county on our state lists or call the clerk of court, county treasurer or tax commissioner that ran the sale. Have the sale date, case or tax deed number and property address ready.

2. File the claim

Most counties use a short claim form or a motion to the court, with photo ID and proof you owned the property (deed, tax bill). Heirs also need a death certificate and proof of heirship. Deadlines vary by state — see below.

3. Watch out for the pitch

After a sale, owners often get calls and letters from recovery agents offering to file for a share (often 20–40%). That can help if the claim is complicated, but you don't need an agent. Many states cap the fee or require a waiting period — see recovery laws by state.

State by state

• Alabama: Within 3 years: prove redemption to the county commission, using an excess-funds voucher. From 3 to 10 years after the sale: (1) a circuit court order granting redemption, (2) proof of negotiated redemption from the purchaser with recorded deeds, or (3) as owner at the time of sale or a later owner with a recorded deed, sign a release and waiver of all interest and the right to redeem, record it with the probate judge, and claim the excess without redeeming. 10 years after a 2016+ sale (11 for 2015, 12 for 2014). · official info
• Arizona: 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. Trustee sale: before the 2-year abandonment presumption (then claim with ADOR unclaimed property). Tax: request must be made before judgment takes effect · official info
• California: Tax sale: county 'Claim for Excess Proceeds' form filed with the county treasurer-tax collector; notarized if over $50 in OC. Trustee sale: written claim, signed under penalty of perjury, sent to the trustee within 30 days of the trustee's notice. If funds were deposited with the court, file a claim with the superior court within 30 days of the deposit notice; the hearing is held within 90 days. Tax sale: claim must be postmarked within 1 year after the tax deed to the purchaser is recorded (RTC 4675). Trustee sale: 30 days after the trustee's notice · official info
• Colorado: Public trustee: contact trustee and submit claim form within 6 months (Denver form linked); after transfer, claim free at Great Colorado Payback (colorado.findyourunclaimedproperty / State Treasurer). Treasurer deed auction: junior lienors file overbid claim with treasurer after sale; owner contacts county treasurer. 6 months from public trustee sale, then claim from State Treasurer with no deadline. · official info
• Connecticut: Tax sale: delinquent taxpayer, mortgagee, lienholder or encumbrancer files an application with the Superior Court for the judicial district for return of proceeds; served like a civil action on all record-interest holders; court may refer to a state referee to determine equities. Foreclosure by sale: motion in the foreclosure case for determination of equities/supplemental judgment. Within 90 days of the date the collector paid the money to the court (12-157(i)(2)) · official info
• Florida: Foreclosure: file the owner's claim (sample form in s. 45.032) with the court and clerk. The owner of record on the lis pendens date is presumed entitled after timely subordinate lienholders are paid, and the court orders the clerk to pay. Tax deed: file the clerk's notarized claim form, which comes with the mailed notice of surplus. Foreclosure: claim within 1 year of the sale, before the funds go to DFS · official info
• Georgia: File the county's written excess-funds claim form, usually notarized, with ID and proof of interest (record owner at the time of sale, security-deed holders, or other recorded interests, paid in order of priority). The officer must mail notice within 30 days after the sale and may file an interpleader in superior court if claims conflict. No fixed deadline while the county holds the funds · official info
• Idaho: Respond to the county's notice of excess proceeds; the county must notify parties in interest within 30 days after the sale. The county pays parties in interest by lien priority and the remainder to the owner(s) of record when the tax deed issued. 60 days after receiving notice · official info
• Indiana: Sworn claim to county auditor/treasurer by the owner of record at time of certification for sale (divested at tax deed) - auditor and treasurer approve and auditor issues warrant. A contract holder/attorney-in-fact/guardian may receive warrant only as a court directs (IC 6-1.1-24-7(d)). Within 3 years after the date of the tax sale (IC 6-1.1-24-7(e)(2)). · official info
• Iowa: Mortgage: application to court/clerk in foreclosure case. Tax: no statutory claim; owners pursue Tyler takings claims in court. · official info
• Kansas: Motion/application in the district court tax-foreclosure case with due proof of ownership; court orders clerk to pay. After remittance, claim at kansascash.ks.gov. None stated in 79-2803 · official info
• Kentucky: File a motion in the foreclosure case asking the circuit court to order the master commissioner/clerk to disburse surplus; commissioner cannot release without a judge's order. After transfer, claim with State Treasurer (treasury.ky.gov unclaimed property). KRS 426.510: motions under KRS 426.010-426.500 within 2 years after cause accrues (execution sales). For court-held surplus, practical deadline is before transfer to Treasury (1-5 yrs) · official info
• Maine: Tax: municipality must send notice of sale process at least 90 days before listing, and notice of intent to pay excess at least 30 days before disbursement (certified + first-class mail); former owner (or heirs/devisees/PR) receives payment and may request a written itemized accounting; acceptance waives a 946-B challenge. Mortgage: surplus paid in the foreclosure proceeding; contest the report of sale by motion within 30 days of receipt. Tax (unlocated owner): 30 days after final published notice, then claim from State Treasurer unclaimed property. Mortgage: 6 months in clerk escrow. · official info
• Massachusetts: Tax title: judgment holder must elect sell/retain within 30 days of final judgment and notify former owners by certified mail; must mail itemized accounting within 30 days of sale/appraisal and pay known parties. If owner unknown, owner submits a written claim by certified mail, personal service, or filing at the collector's office. Disputes: complaint in Superior Court within 12 months after the accounting notice. Pre-Act judgments (on/after May 25, 2021): Superior Court complaint within 12 months of the Act's effective date (DLS reads as ~Nov 1, 2025; ambiguous). Mortgage surplus: written demand to the foreclosing mortgagee/servicer; suit if refused. Written claim within 18 months after notice (unknown-owner case) · official info
• Michigan: Tax: (1) file notarized Treasury Form 5743 'Notice of Intention to Claim Interest in Foreclosure Sales Proceeds' with the foreclosing governmental unit by personal service or certified mail; (2) then file a motion in the circuit court that entered the foreclosure judgment (MCL 211.78t(4)). Mortgage: written demand to the sheriff/officer; if contested, motion in circuit court. Tax: Form 5743 by the July 1 immediately following the effective date of foreclosure (i.e., ~3 months after the March 31 foreclosure) · official info
• Minnesota: Tax: auditor mails notice + Commissioner of Revenue claim form within 60 days of sale (certified mail; second first-class notice 90-120 days after sale; notice to occupants); interested party (owner, lienholder, or person registered under 276.041) files claim with county auditor. Mortgage: written demand to sheriff; owner may apply surplus to redemption (580.10 subd. 3); junior lienholders demand within redemption period with affidavit. Tax: within 6 months after the notice is first mailed (282.005 subd. 6(a)) · official info
• Mississippi: After the 2-year redemption period expires unredeemed, the former owner requests the excess. The chancery clerk certifies the claim and the board of supervisors orders a warrant on the general county fund. 2 years after the redemption period expires (about 4 years after the sale). · official info
• Missouri: Written, sworn claim to the county commission with proof; lienholders must reference recorded lien (book/page or document no.). Former lienholders paid first by priority, then former owners. Disputes -> interpleader in circuit court. Claims filed within 90 days after the redemption period expires · official info
• Montana: County treasurer must distribute surplus to legal titleholder of record within 30 days of receiving payment (automatic, resident or not). Paid within 30 days · official info
• Nevada: Written claim (Excess Proceeds Application) filed with the county treasurer. Liens recorded before the sale get priority, then persons listed in NRS 361.585(4)(a),(e),(f). The treasurer rules within 30 days after the filing period; judicial review within 90 days. 1 year after the treasurer's deed is recorded · official info
• New Mexico: Claim to TRD Property Tax Division with proof of former ownership per department regulations; department may offset other property taxes owed; conflicting claims handled by regulation or court order. 2 years from tax sale (then claim from TRD Unclaimed Property Office). · official info
• New York: Mortgage foreclosure: motion/notice of claim in the surplus money proceeding under RPAPL 1361 in the Supreme Court action (often referred to a referee). Tax foreclosure: file a claim with the court having jurisdiction under RPTL 1197 (handled like an RPAPL Art. 13 surplus proceeding); enforcing officer must notify former owner within 10 days of filing its surplus report. After escheat to Comptroller: claim through OSC unclaimed funds. RPAPL: none fixed, but money becomes abandoned property after 3 yrs with treasurer (APL 600). RPTL 1197: no fixed deadline · official info
• North Carolina: File a special proceeding/petition before the clerk of superior court under G.S. 45-21.32 (name known claimants; contested facts transfer to Superior Court). Once remitted to Treasurer, file an unclaimed-property claim (NCCash). No fixed statutory claim deadline while held by clerk · official info
• North Dakota: Owner of record listed in notice of foreclosure of tax lien submits a claim to county treasurer within 90 days; disputed or multiple claims -> excess paid to clerk of district court for adjudication; afterwards claim with ND Unclaimed Property. 90 days after sale (county) · official info
• Ohio: Demand/application to the Clerk of Courts of Common Pleas (many counties require a motion/application for disbursement of excess funds filed in the foreclosure case); clerk pays on demand to judgment debtor or legal representative after reimbursement of notice costs. No hard bar in 2329.44 · official info
• Oregon: File a claim with the Oregon State Treasury (Unclaimed Property). Only a 'claimant' may file: the individual who owned the property when it was deeded to the county, or heirs/successors. Creditors, third parties and LLCs are excluded per AOC. The county must send the claimant notice. (Treasury unclaimed property process). Applies where the claimant received the one-year redemption notice on or after 5/25/2023. · official info
• Pennsylvania: Tax Claim Bureau: notarized application with photo ID and proof of ownership/interest (county forms, e.g., Berks, Cumberland). Owner is paid fifth after Commonwealth, taxing districts, municipal claims, mortgagees/lienholders (205(d)). Sheriff sales: exceptions/claim to schedule of distribution (Pa.R.C.P. 3136) or petition to court. 3 years from date of tax sale (RETSL 205(f)). · official info
• South Carolina: The owner of record immediately before the redemption period ended, or their assignee, files the county's overage claim with a copy of the tax deed, proof of ownership and ID. Some counties (e.g., Aiken) require a release/waiver. Overage is applied to outstanding municipal tax liens first. Payable 90 days after the tax deed is executed, unless another claimant files suit within that window. 5 years from the tax sale date. · official info
• South Dakota: Contact county treasurer/auditor within 180 days; thereafter claim with SD State Treasurer unclaimed property. 180 days at county · official info
• Tennessee: Verified motion to claim excess sale proceeds in the chancery court after order confirming sale; serve all interested persons (TRCP 5) at least 30 days before hearing; ownership documents (deed, affidavit of heirship) must be recorded with register of deeds at least 30 days before hearing. Priority: taxing entity, lienholders at sale, post-sale lienholders, then taxpayers who were defendants/heirs. Davidson filing fee $75; Blount $25; funds issued ~30 days after order. No fixed statutory bar · official info
• Texas: Petition (motion) in the court that ordered the sale, may be filed under the underlying cause number; serve all parties under TRCP 21a at least 20 days before hearing; court order signed by presiding judge required for release. Priority: voided-sale purchaser, taxing units (post-judgment taxes), other lienholders, taxing units (unpaid judgment), then former owners who were defendants (or relatives within 3rd degree/heirs). Owners who acquired after judgment generally barred (34.04(c-1)). Sample form: Tarrant County Law Library 'Excess Funds Motion and Order'. Petition must be filed before the 2nd anniversary of the tax sale (Tax Code 34.04(a)). · official info
• Utah: Tax sale: claim through the Utah Unclaimed Property Division (mycash.utah.gov, URL). Trustee sale deposited with court: petition for adjudication of priority ($50 fee). Others have 60 days to contest; a hearing is held within 20 days if contested. Tax sale: no deadline. Trustee sale: claimants who fail to appear after the court order are barred. · official info
• Virginia: Petition the circuit court in the tax sale suit; claimant bears burden of proof; court may refer to a commissioner in chancery. Former owner and heirs, devisees, successors or assigns may claim. 2 years after the date of confirmation of the sale (58.1-3967). · official info
• Washington: Tax sale: application to the county treasurer. Only the record owner on the date the certificate of delinquency was issued qualifies; later assignments and deeds do not affect payment. Trustee sale: motion for disbursement in superior court, served on all parties notified of the surplus at least 20 days before the hearing; the clerk pays only on court order. Tax sale: 3 years from the sale date. Trustee sale: no fixed statutory deadline in RCW 61.24.080. · official info
• West Virginia: Former owner, heirs or assigns file a claim in the circuit court of the county where the land is located. 2 years after the date of confirmation of the sale (11A-3-65). · official info
• Wisconsin: County must give former owner notice of right to potential surplus on acquiring tax deed (75.36); after sale, county computes net proceeds (sale price - sale costs - MFL withdrawal taxes - special assessments - delinquent taxes owed on other property - property taxes for year of sale) and sends remainder to former owner. Owner/heirs also have repurchase right before sale for owner-occupied single-family homes (county ordinance required). Claim/cash payment within 1 year of sale, else unclaimed funds (then claim via county unclaimed funds under 59.66(2)). · official info

Not legal advice. Confirm the process with the office holding the funds.