Surplus Fund Deadlines by State: What Every Homeowner Needs to Know

There is no national standard for how long a homeowner—or their heirs—has to claim surplus funds after a foreclosure sale. While some states provide a generous window of 12 months or more, others impose strict deadlines that can cut off access in as little as 30 to 90 days. This patchwork of regulations creates widespread confusion, especially for families already dealing with the emotional and logistical fallout of losing a home.

Too often, former homeowners and heirs miss out on tens of thousands of dollars simply because they didn’t know a deadline had passed. In many cases, the funds quietly revert to the county or state, with no further notice given. For vulnerable individuals—especially seniors, out-of-state heirs, or unrepresented parties—the risk of forfeiting rightful funds is particularly high.

To address this growing issue, The Foreclosure Focus has published a comprehensive state-by-state deadline guide, empowering families to understand their rights and take timely action. The guide outlines critical timelines for filing surplus claims, details procedures in each state, and highlights legal quirks that can delay or accelerate the process.

This press release shares highlights from that report and calls on lawmakers to prioritize fairness and transparency. The Foreclosure Focus urges state and federal legislators to consider enacting uniform minimum claim periods nationwide—ideally no less than one year—so that no homeowner is unfairly denied access to equity they legally own.

Surplus funds are not a windfall—they represent hard-earned home equity. Establishing a standardized claim window is not just a policy improvement; it’s a matter of justice.