Questions and answers

Plain answers, including the ones that do not help our business. General information, not legal advice for your situation. The rules differ by state, and we tell you which apply to yours.

The basics

What are surplus funds?

Surplus funds, also called excess proceeds or overages, are the money left over when a property sells at a foreclosure or tax sale for more than was owed. After the debt, the costs of the sale and any other liens are paid, what remains belongs to the former owner, or to their heirs if the owner has died.

How do I know if I’m owed money?

If a property you owned, or a family member owned, was sold at a foreclosure or tax sale, there may be money left over. The sale price, the amount set aside and who is entitled to it are all in county, court or trustee records. Call us or send the form with the property address, and we’ll check for free.

Where is the money held?

It depends on the state and the kind of sale. After a tax sale it is usually held by the court clerk or the county, such as the county treasurer, the tax collector or the officer who ran the sale. After a mortgage or HOA foreclosure, whoever handled the sale holds it, such as the trustee, the sheriff or the court clerk, and when more than one person has a claim it often goes to the court. In some states, money nobody claims later moves to the state’s unclaimed property office.

How much could it be?

Anything from a few hundred dollars to six figures. It depends on what the property sold for and what was owed against it, including any second loans or liens that get paid first. Until a court, county or trustee approves a claim, any figure is an estimate.

Why haven’t I heard about it?

Notices usually go to the property address, which many owners have left by the time of the sale, or to an old mailing address. Many states require the clerk, county or trustee to send a notice, but a notice sent to an old address often never arrives. Many people first hear about it from a letter like ours.

Why does the law say this money is mine?

Because it is your equity. In Tyler v. Hennepin County (2023), the U.S. Supreme Court ruled unanimously that a county that sells a home for unpaid taxes cannot keep more than what was owed. After a mortgage foreclosure, state law sends what is left after the debts to the former owner.

Is this legitimate

Is this a scam?

Surplus funds are real and set out in state law, but scams grow up around them. Before you sign with anyone, including us, ask for the county, the sale date and the case or sale number, confirm the money with the clerk, county or trustee yourself, and never pay a fee upfront. The FTC warns about callers who name a dollar amount, say time is running out and ask for money first.

Can I claim it myself?

Yes. Owners and heirs can file their own claim, and some counties publish free forms for it. Some claims are simple. Others involve several heirs, competing liens or a hearing, which is where help saves time and mistakes. We’ll tell you honestly which kind yours is.

What information will you ask me for?

To check a claim, just your name, phone number and the property address. To file one, a photo ID and something that shows you owned the property, because the court or county requires them. We will never ask for an online banking password, and we never ask for money upfront.

Are you a law firm?

No. Bronze Star Services is not a law firm, a lender or a debt collector. We do not collect debts, make loans or offer debt relief or credit repair. We help former owners and heirs claim money that is owed to them. In many states, filing court papers for someone else is the practice of law, so when a claim has to go before a judge it is filed by you or by a licensed attorney. We tell you which applies before anything is signed.

Fees, deadlines and paperwork

What does it cost?

Nothing upfront, and checking is free. How we are paid depends on the kind of sale and the state. Some states cap what anyone may charge for a surplus claim, some allow no fee at all from anyone who is not an attorney in certain cases, and some leave it to the agreement. Before you sign anything, we show you in writing which rules apply and what you would receive.

Is there a deadline?

Often, yes, and every state sets its own. Some are short: in Michigan, a notice of claim for tax sale surplus is due by July 1 after the foreclosure, and in California a claim is due within one year after the tax deed is recorded. In some states money nobody claims in time is lost for good. In others it moves to the state’s unclaimed property office, where the owner can still claim it. It is always better to start early.

How long does it take?

It depends on the state, the office that holds the money and the claim. Some claims are a form filed with the county. Others need a court hearing and an order, and some clerks wait a set time after the order before paying. Claims with several heirs or competing lienholders take longer. We give you an honest estimate once we have seen the file, and we keep you posted.

What documents will I need?

Usually a government photo ID, something that shows you owned the property at the time of the sale, such as a deed or tax record, and your current contact details. Heirs also need the owner’s death certificate and papers that show the family relationship, such as a will, a probate order or an affidavit of heirship.

Do I have to go to court?

Sometimes. In some states a claim is a form filed with the county, and in others a judge decides it and may set a hearing. If you need to appear, we tell you well ahead of time what to bring and what will happen.

Heirs and estates

My parent owned the house and has passed away. Can we claim it?

Usually, yes. The money becomes part of the estate, and the heirs or the people named in the will can claim it. The court or county will want to see who the heirs are, through a will and probate order or, where the state allows it, an affidavit of heirship or a small estate affidavit.

What if there are several heirs?

Each heir’s share depends on the will, or on state law if there was no will. Usually everyone who is entitled has to be part of the claim or sign off on it. We help families gather the signatures and documents in one place.

What is a small estate affidavit?

Many states let heirs use a simpler process instead of a full probate when the estate is small. The limits and rules differ: in Texas the estate must be worth $75,000 or less, not counting the homestead, and in Michigan the base limit is $50,000, adjusted for inflation. Some states have no dollar-limit shortcut at all. An attorney can confirm whether one fits.

The house itself

Can I buy my house back?

It depends on the state and the kind of sale. Some states give owners a set time to redeem after a tax sale, such as at least 12 months in Georgia, and a few allow it after some court foreclosures. In many states there is no right to buy the house back once a mortgage foreclosure sale has happened. Redemption is a different thing from claiming the surplus, and we can explain how the two fit together for your property.

What if there was a second mortgage or other liens?

They are paid before the former owner, in order of legal priority. After a mortgage sale, junior liens such as a home equity loan are paid from the surplus first. After a tax sale, recorded lienholders are usually paid before former owners and heirs. What is left after that is yours, and we show you the math.

Still have a question?

Ask us at (817) 308-1202. Checking is free, and there is no obligation.

Or call (817) 308-1202