Erie County surplus funds list
New York · unclaimed money left over from tax deed and foreclosure sales.
Getting the Erie County list
The Erie County Comptroller's Office holds surplus from Erie County and City of Buffalo tax-foreclosure auctions and from mortgage foreclosures, and has an online lookup by street number and street (records since 2008, with the amount still held). It only answers address searches, so there is no full list to download. Funds are paid only on a certified court order (2% fee, CPLR 8010) and go to the NYS Comptroller after 3 years; for pre-2008 or bank-foreclosure surplus call 716-858-8400.
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New York surplus funds rules
- Sales that create surplus
- Judicial mortgage foreclosure sale by court-appointed referee (RPAPL Art. 13; In rem / tax foreclosure sale by county or city enforcing officer (RPTL Art. 11 Title 6, RPTL 1194-1197, added by L.2024 c.55 Part BB); No non-judicial trustee sales (NY is judicial-only)
- Who holds the money
- Court funds: county treasurer (in NYC, Commissioner of Finance, Court Assets unit) holds mortgage-foreclosure surplus paid into court. Tax foreclosure: enforcing officer must determine surplus within 45 days of sale, report to court, and pay surplus into court (RPTL 1196).
- Unclaimed funds go to
- Mortgage surplus in county treasurer hands: deemed abandoned after 3 years and paid to State Comptroller under Abandoned Property Law 600 (statute text says three years; confirm current amendment). Tax-foreclosure surplus unclaimed at end of RPTL 1197 proceeding is deemed abandoned and paid to the TAX DISTRICT (not the Comptroller), which must use it to reduce its levy; for residential property the proceeding stays open at least 3 years from confirmation of the report of sale for a former homeowner.
- How owners claim
- 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. — deadline: RPAPL: none fixed, but money becomes abandoned property after 3 yrs with treasurer (APL 600). RPTL 1197: no fixed deadline; residential former homeowner protected for at least 3 years after confirmation of report of sale.
- Agent / finder fee cap
- 15% of value of recoverable property — but only for property held by the State Comptroller (APL 1416(4)). No statutory fee cap found for surplus still in court/county treasurer or in RPTL 1197 proceedings (courts review claims and may scrutinize assignments).
Law: N.Y. Abandoned Property Law 1416 (finders, comptroller-held funds); APL 600 (court funds); RPAPL 1361; RPTL 1196-1197 · confirm details with the county; rules change.
More New York counties
- Oswego — $2.2M (100)
- Chemung — $2.2M (140)
- Broome — $774K (38)
- Albany — $637K (27)
- Allegany — request
- Bronx — request
- Cattaraugus — request
- Cayuga — request
- Chautauqua — request
- Chenango — request
Questions
Where does the Erie County surplus funds list come from?
From the official list published by Erie County (source). Surplus Funds HQ checks it daily and last found it updated Oct 12, 2026.
How do I claim surplus funds in Erie County?
The former owner (or heirs) files a claim with the office that holds the funds, usually with ID and proof of ownership. It is free to do yourself. See how to claim surplus funds; in New York: RPAPL: none fixed, but money becomes abandoned property after 3 yrs with treasurer (APL 600). RPTL 1197: no fixed deadline.
Can someone else claim the money for me?
Yes, recovery agents and attorneys do this for a fee, but New York law may cap the fee or require a waiting period (15% of value of recoverable property). Read any contract carefully; you never need an agent to file.