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In Tyler v. Hennepin County, 598 U.S. 631 (2023), a unanimous U.S. Supreme Court held that when a government sells your property for unpaid taxes, the value above the debt is your property, protected by the Fifth Amendment. But every state runs its own process: different deadlines, different offices, different rules on who may file. That's why licensed attorneys assist with the paperwork with the counties on every claim we take. Below: the do-it-yourself toolkit (everything here is free), then every state with a direct line into its county offices.
Everything below is free and public. This is the same sequence we run on every file — you can run it yourself before talking to anyone, including us.
Surplus sits with a county office — treasurer, tax collector, clerk of court, or the court itself, depending on the state. The NETR public-records directory ↗ links every county's treasurer, recorder, and assessor in all 50 states (each state card below jumps straight to its page). Many counties post surplus / excess-funds / overage lists right on those sites — search the county site for “surplus funds,” “excess proceeds,” or “overage list.”
Call or visit the holding office with the property address, parcel number, or tax-deed/case number. Ask four things: Is there a surplus? How much? What's the claim deadline? What documents do you require? The county is the one source of truth — get it in writing (the notice of surplus, or the case file) whenever you can.
Liens get paid from the surplus before you do, by priority: mortgages, HOA/condo liens, judgment liens, IRS and state tax liens. These live at the county recorder / register of deeds — reachable through the same NETR county page ↗. Search the owner's name and the property's legal description for anything recorded and not released (a “satisfaction” or “release” means it's paid off).
Money judgments can attach to the surplus even if never recorded against the property. Search your state judiciary's case-search portal (search: “[your state] judiciary case search”) for the owner's name, and PACER ↗ for federal judgments and bankruptcy (a bankruptcy can pull the surplus into the estate).
What you actually receive = surplus minus senior liens minus statutory clerk/county charges. If it's clean — clear ownership, no unreleased liens, deadline comfortable — self-file, free. If there's friction (probate, heirs, competing claims, court petition required, deadline near), that's where attorney-assisted help earns its fee.
Missed windows escheat to the state's unclaimed-property program. Search yours free via unclaimed.org ↗ (NAUPA — links every state's official program) or all participating states at once at MissingMoney.com ↗. Claiming from the state is always free; we take no fee at that stage.
Some states restrict third-party assignment of surplus claims (Indiana, Vermont, Hawaii) or their counties deal only with the claimant or the claimant's attorney (Georgia). Texas strictly regulates assignments — and in Texas only an attorney may charge a fee to recover excess proceeds, while Arkansas and Indiana cap recovery fees at 10% by statute. In these states, claims proceed through the attorney at the lawful rate — or we tell you plainly what your free options are.
In states like California, Texas, New York, Virginia, Tennessee, and New Hampshire, claiming the surplus means a filing with a court, not just a county form. Attorney preparation is effectively required.
Florida: generally 120 days from the Clerk's notice. Texas: 2 years. Georgia: 5 years at the county before transfer to the state (after that, an interpleader court order is required). New Jersey (foreclosures after July 2024): a written demand filed with the court before final judgment. Several states allow only months. Miss the window and funds typically escheat to the state's unclaimed-property program — slower, but still claimable (step 6 above).
A surplus only exists if the sale brought more than the debt. In minimum-bid states like Kansas it's uncommon, and in lien-certificate states the claim usually arises at the later foreclosure/deed stage rather than the certificate sale. Verify with the county (step 2) before you sign anything — with anyone.
Each “County offices & records” link opens that state's page in the NETR public-records directory: pick your county, and you'll get its treasurer / tax collector (where surplus lists live), recorder (where liens live), and assessor — with phone numbers where no site exists.
Redemption-heavy system; excess from older tax sales is claimable under Ala. Code §40-10-28. Note: major counties (including Jefferson and Mobile) now run tax-LIEN auctions that don't create new surplus — so claims here are mostly older "legacy" funds, and funds held over 3 years require a court order (attorney-filed). We tell you plainly if there's nothing to claim.
Municipality must notify the former owner of any excess from tax-foreclosed property sales and how to claim it. The claim window is short (about six months) — act quickly.
Lien-certificate state; excess-proceeds claims arise at the treasurer's-deed/foreclosure stage. Post-Tyler reforms in progress.
Excess proceeds from Commissioner of State Lands sales are claimable by the former owner.
Excess proceeds from tax-defaulted property sales; claims often proceed by formal petition through the county — attorney filing is the norm. Individual claims can be large. Many county tax collectors post excess-proceeds lists on their sites.
Treasurer's-deed surplus under the 2024 reform; many counties post surplus lists online. Important: under C.R.S. §39-11.5-109(3) the treasurer holds an unclaimed overbid in escrow for six months from the public auction, after which it becomes unclaimed property — the shortest practical window of any major state, so claims need to move in weeks, not months. Separately, Colorado mortgage and deed-of-trust foreclosure overbids are governed by C.R.S. §38-38-111, which makes fee agreements to recover them unenforceable while the public trustee holds the funds and criminalizes soliciting one; we work tax-sale surplus only and take no Colorado foreclosure overbid work.
Tax-collector sales; surplus above the debt is deposited with the court for the former owner and lienholders.
Sheriff's tax sales; surplus deposited with the court, claimed by petition.
Lien-sale system; excess value claims post-foreclosure.
Home base — all 67 counties. Tax deed surplus under F.S. §197.582; generally 120 days from the Clerk's notice. Full county directory: every Clerk linked.
Excess funds under O.C.G.A. §48-4-5, held by county tax commissioners five years before transfer to the Department of Revenue (O.C.G.A. §48-4-5(c)); once transferred, release requires a court order from an interpleader action filed in the county where the sale occurred, which is why the county stage matters. Many tax commissioners publish excess-funds lists. Metro counties enforce this strictly: DeKalb, Gwinnett, Cobb, and Chatham accept claims only from the owner personally or a Georgia attorney (Cobb sends all funds to court), and Fulton requires in-person filing. Claims here run through the attorney, or we coach you through filing yourself.
Surplus claims exist, but third-party assignment is restricted — attorney-led claims only.
Tax-deed state; excess proceeds from county sales are claimable by parties in interest.
Lien-certificate state; surplus questions arise at the deed/foreclosure stage. Post-Tyler litigation reshaping practice.
Tax-sale surplus fund held by the county; third-party assignment is restricted by statute — attorney-led claims only.
Lien-certificate state; excess-value claims arise at the deed stage post-Tyler. Ordinary certificate sales usually produce no owner surplus — we tell you plainly if there is nothing to claim.
Judicial tax foreclosures often sell at or near the minimum bid, so surplus is uncommon — we tell you plainly if there's nothing to claim.
Lien-certificate state; surplus claims arise at the foreclosure/master-commissioner sale stage.
Tax-sale system overhauled effective 2026 (interest-rate bid-down model); surplus/excess-value claims per the new framework.
Municipal lien foreclosures; post-Tyler, municipalities must provide a path to excess value.
Lien-certificate state; balance above liens is claimable after foreclosure. Active post-Tyler litigation (Baltimore) is expanding owner remedies.
2024 reform (post-Tyler): municipalities must return surplus proceeds from tax-title foreclosures to former owners.
Post-Rafaeli (2020) and Tyler: statutory process to claim remaining proceeds after county tax foreclosure — strict notice-and-deadline steps (July 1 notice; Feb–May motion), and by statute the claim can’t be transferred to a company. Large class settlements already pay many former owners directly, so check the settlement administrator for your county first — we don’t offer paid recovery here, and we’ll tell you where to claim free.
The Tyler state. Post-2023 reform created a claim process for surplus from forfeited-property sales, including look-back claims.
Excess from tax sales claimable through the chancery clerk.
Surplus from collector's sales held for the owner of record; claim through the county.
Montana law directs the county treasurer to pay sale proceeds above the taxes to the former owner automatically — so there may be nothing a third party needs to do. Check with your treasurer; we tell you plainly if that's the case.
Post-Fair v. Continental Resources (2024): even private tax-deed investors can owe former owners the excess value. There is no county-held surplus fund here — recovery runs against the investor, so these claims are attorney-led. Claims actively developing.
Excess proceeds from trustee/tax sales claimable through the county treasurer, with a statutory claim period. For a primary residence, Nevada caps recovery fees at 10% — that capped rate applies.
Municipality must file an interpleader with the superior court to distribute excess proceeds — a court process, attorney-handled.
Lien-certificate state; the 2024 reform preserves owner equity for foreclosures after July 10, 2024 — but the owner must file a written demand with the Superior Court before final judgment. A court filing, attorney-led.
State-run delinquent property tax sales; excess proceeds claimable by the former owner.
2024 reform (RPTL Art. 11, Part BB): a direct surplus-claim procedure in tax foreclosures — file notice of claim with the court clerk before confirmation of the sale report. Court process, attorney-handled.
Surplus from tax foreclosure sales deposited with the clerk of court; long claim window (~10 years).
County must pay the former owner any amount above taxes and costs from sale of tax-forfeited land.
Sheriff's-sale surplus deposited with the court; many counties publish lists (Cuyahoga and Franklin post them). Claims are made by motion in the original court case — attorney-filed — and recent legislation has tightened the notice-and-claim timeline, so confirm the current deadline with the clerk and act quickly.
Excess from county resales held for the record owner; statutory claim period through the county treasurer.
House Bill 2089 (2025), effective September 26, 2025, created the county surplus-claim process and defines the claimant as the individual who owned the property when it was foreclosed — expressly not creditors, third parties, or LLCs. We don’t offer paid recovery here. Claim directly with the county; we’ll point you to the right office.
Upset/judicial sale surplus distributed per the Real Estate Tax Sale Law; claims through the tax claim bureau or court.
Tax-title system; post-Tyler, municipalities must provide a surplus path after foreclosure.
Overage from delinquent tax sales held by the county for the owner of record; statutory claim period. Many county delinquent-tax offices publish overage lists.
Lien-certificate state; excess-value claims arise at the deed stage post-Tyler.
Excess proceeds from delinquent tax sales claimable through the court; motion-based — attorney-handled.
Excess proceeds under Tax Code §34.04 — two years from the sale to petition the court. Assignments are strictly regulated (including a no assignment before the 36th day after the proceeds are deposited, and the assignee must pay the owner at least 80% of the claim, and a court may not pay an assignee more than 125% of what it paid the owner — Tax Code §34.04(f), (g)). Under §34.04(i) a person who is not an attorney may not charge a fee to obtain excess proceeds for an owner, and an attorney’s fee may not exceed 25% of the amount obtained or $1,000, whichever is less. Texas claims run entirely attorney-led at that statutory rate.
Surplus from May tax sales claimable through the county; unclaimed funds eventually escheat to the state.
Surplus claims exist, but third-party assignment is restricted — attorney-led claims only.
Judicial tax sales; surplus deposited with the court and claimed by petition — attorney-handled.
Excess proceeds from county tax foreclosures held for the record owner; claim through the county treasurer within the statutory period. Under RCW 84.64.080(10) the treasurer holds the surplus for the record owner for three years; if it is not claimed it goes to the county, not to the state unclaimed-property program. Washington’s 5% locator-fee cap (RCW 63.30.780, which replaced the repealed RCW 63.29.350 on January 1, 2023) applies to property already delivered to the state administrator, not to this county stage. We still don’t offer paid recovery here — self-filing with the treasurer is free, and we’ll point you to the right office.
Former owner entitled to the surplus above taxes, interest, and costs from delinquent-land sales (W. Va. Code ch. 11A).
Post-Tyler reform: counties must account to former owners for excess value from tax-deeded property.
Wyoming's tax-deed statutes provide no clear excess-proceeds mechanism — a live post-Tyler gap. We tell you plainly if there is nothing to claim; verify with the county before signing anything — with anyone.
Fact-check us, please. These summaries are plain-language orientation, verified against public sources as of July 2026 — statutes, deadlines, and county practices change, and legislatures are still responding to Tyler. Before any engagement, the current statute and your county's actual procedure are verified per claim, with a licensed attorney assisting in the relevant state. The county itself will always confirm whether a surplus exists, free. This page is not legal advice.
Tell us the county and state. We verify directly with the county, tell you honestly if there's nothing there (or if self-filing is your best path), and if you want it handled: you stay the legal claimant and named payee, attorneys assist with the paperwork, a flat 25% of recovered funds (30% on complex cases) only if you're paid — reduced wherever a state caps fees lower.
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