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Plain-language overview

What are foreclosure surplus funds?

A foreclosure sale may sometimes bring in more than the mortgage balance and allowed sale costs.

A sale can exceed the mortgage balance

If the completed sale price is higher than the mortgage balance and allowed sale costs, money may remain. That possible remainder is often called surplus or excess proceeds.

Other valid claims may come first

Taxes, junior liens, judgments, bankruptcy interests, and other claims may reduce or eliminate the amount available to a former owner or another claimant.

The possible fund holder varies

Depending on the foreclosure and jurisdiction, a trustee, public trustee, clerk, sheriff, court registry, or another party may hold the funds.

The records must be checked

A property value, foreclosure notice, or recorded deed alone does not prove that funds remain or establish who may receive them.

General information only: Procedures and deadlines vary. This page is not legal advice.