Resources
Straight answers before you sign anything.
Surplus funds claims move fast and attract intermediaries. Start with the basics.
Frequently asked questions
- What are surplus funds or excess proceeds?
- When a property sells at a foreclosure or tax sale for more than the debt and costs owed, the difference is surplus. That money does not belong to the buyer or the county — it belongs to the former owner or, in some cases, junior lienholders.
- Who can claim surplus funds?
- Typically the prior property owner, their heirs, or lienholders whose interests were extinguished by the sale. Competing claims are common, which is why entitlement is often decided by a court rather than by the clerk holding the funds.
- How long do I have to file a claim?
- Deadlines vary by state and by the type of sale, and some are as short as a few months. Once a deadline passes the funds may escheat to the state, so an early review of your matter matters more than almost anything else.
- What is a quiet title action?
- A quiet title action is a lawsuit that asks a court to declare who owns a property and to remove competing claims or defective liens from the record, so the property can be sold, insured, or financed.
- Do you work with recovery agents and investors?
- Yes. We advise recovery specialists and real estate investors on compliant agreements, fee arrangements, and multi-state filing requirements, and we handle the litigation their claims require.
- Do you handle matters outside Indiana?
- Yes. Our Indianapolis office handles Indiana real estate, business, and government matters directly, and our nationwide Surplus Funds Attorney Network covers surplus and excess proceeds claims in other states.
Berkshire Law is here for you.
Tell us about your matter and we will point you to the right attorney — in Indiana or anywhere in our nationwide network.