Surplus recovery

Surplus funds by state: where the rules live

Excess proceeds from a tax or foreclosure sale are governed by state law. This hub lists only the states whose statutes we read on an official site, with links to the source.

The short answerSurplus funds rules are set by each state: who holds the money after a sale, how long it is held, who may claim it, and whether finders or assignees are limited. Read the statute for the state where the sale happened, then confirm the case with the office that handled the sale. The state pages below summarize the official statutes we read. Read the statute before you rely on a deadline or a fee.

1. States covered

StateGuideOfficial source
TexasTexas tax sale excess proceedsTexas Tax Code ch. 34
WashingtonWashington tax foreclosure excess fundsRCW 84.64.080
MichiganMichigan tax foreclosure remaining proceedsMCL 211.78t
North CarolinaNorth Carolina tax foreclosure surplusG.S. 105-374(q)
OhioOhio tax foreclosure excess proceedsORC 5721.20
FloridaFlorida tax deed surplusFla. Stat. 197.582

A state is added only after its statute has been read on an official site. States are not listed from secondary summaries.

2. What to read in any state’s rules

  • Who holds the funds. A court clerk, a county treasurer or a trustee.
  • Notice. Whether the holder must notify the former owner, and when.
  • Deadline. How long funds are held before they go elsewhere.
  • Who may claim and in what order. Lienholders, former owners, heirs.
  • Finder and assignment limits. Fee caps, waiting periods and written agreement requirements.
  • Sale type. Tax sales and mortgage foreclosures can follow different statutes.

3. Then check with the county

A statute sets the frame. The clerk or county office that handled the sale holds the case file, the amount and any claims already filed. The live Locate Next surplus page says: “If you think you’re owed money from a foreclosure or tax sale, contact the court or county office that handled the sale.”

4. Finding the former owner

Once you know the case, the work is finding the former owner of record. See how to find a former owner for a surplus case, the surplus case worksheet, and skip tracing for surplus funds recovery. Locate Next “does not file claims, hold funds or decide who’s owed money.”

Common questions

Do surplus funds rules differ by state?

Yes. Each state’s statute sets who holds the funds, how long, who may claim and whether finder fees are limited. Read the statute for the state where the sale happened.

Why are only some states listed?

A state is added only after its statute has been read on an official site.

Who do I contact about surplus from a sale?

The court or county office that handled the sale. Ask that office for the case file and where the funds are held.

Does Locate Next file surplus claims?

No. Locate Next does not file claims, hold funds or decide who is owed money.

Sources

  1. Texas Legislature, Tax Code Chapter 34, tax sales and redemption. Checked October 22, 2026.
  2. RCW 84.64.080, Washington tax foreclosure sale and excess funds. Checked October 22, 2026.
  3. MCL 211.78t, Michigan remaining proceeds claims. Checked October 22, 2026.
  4. N.C. Gen. Stat. 105-374, foreclosure of tax lien. Checked October 22, 2026.
  5. Ohio Revised Code 5721.20, excess foreclosure proceeds. Checked October 22, 2026.
  6. Florida Statutes 197.582, disbursement of proceeds of sale. Checked October 22, 2026.

This page is general information, not legal advice.

Skip trace your property lists with Locate Next.

Upload your list, see the maximum cost first, and export only the people you choose.