How to Claim Surplus Funds (Step-by-Step Guide)

If your property was sold at foreclosure and there’s money left over after debts were paid, you may be entitled to claim those surplus funds. Here’s a detailed, step-by-step walkthrough of the process — plus downloadable templates and resources to help you along the way.

1. File a Motion or Petition

The first formal step is filing a motion or petition with the court that handled the foreclosure.
This document officially notifies the court that you’re requesting the surplus funds.

• What it usually includes:

  • Your full name and contact information.

  • The foreclosure case number.

  • Details about the property address.

  • A statement that you believe surplus funds exist and you are entitled to them.

Tip: Some courts offer templates for surplus fund claims, but if not, a simple “Motion for Disbursement of Surplus Funds” will work.

📥 [Download Sample Motion Template]

2. Submit an Affidavit of Ownership or Heirship

In addition to your motion, you may be required to submit an Affidavit of Ownership (if you owned the property) or an Affidavit of Heirship (if you’re an heir of the deceased owner).

• What it should confirm:

  • That you were the legal owner at the time of the foreclosure.

  • Or, if claiming on behalf of someone else, your legal relationship to the former owner.

Note: Most courts require these affidavits to be notarized.

📥 [Download Sample Affidavit Template]

3. Gather All Required Documents

Before submitting your claim, make sure you have all supporting documents ready:

• A copy of the foreclosure case judgment or sale confirmation.

• Proof of your identity (driver’s license, ID card).

• Deed showing your ownership at the time of foreclosure.

• Death certificate and proof of heirship (if applicable).

• Any other court-specific forms they require.

Pro Tip: Create a checklist and double-check everything before filing to avoid delays.

4. Find and Track Your Case

To locate your foreclosure case:

• Search online court records for your county/state.

• Contact the clerk of the court and provide the property address.

• Check if there are any public notices showing surplus funds were reported.

Once you file your motion, stay in touch with the court to track the status.
Some courts schedule a hearing automatically; others may process your request administratively.

5. Consider Optional Attorney or Agency Help

While you can file a surplus claim yourself, you are allowed to hire help:

• Attorneys experienced in foreclosure or real estate law can handle everything for you and ensure your rights are protected.

• Surplus fund recovery agencies exist too, but be cautious — some charge high fees or may not be reputable. Always review contracts carefully.

If you hire someone, make sure they:
✓ Are licensed (if required by your state)
✓ Charge a reasonable, transparent fee
✓ Provide written terms of service

Final Thoughts

Claiming surplus funds can feel overwhelming, but it’s your money — and it’s worth the effort to claim it properly.
Stay organized, follow court procedures carefully, and don’t be afraid to seek professional help if needed.