Claiming surplus funds in Sussex County
Surplus from sales in Sussex County is held by the county office that conducted the sale, typically the clerk, auditor, or treasurer. We confirm the holding office before anything is filed.
10 Del. C. §§ 5065–5067 govern mortgage sheriff-sale surplus, and § 5067 requires the officer to render the balance after debt, interest and costs to the owner at sale. Section 5067 sets no fixed owner filing cutoff. Under § 4986, money the sheriff cannot pay may enter court when the recipient is absent, unknown or unable to receive it. A mortgage sale after confirmation conveys free of the mortgagor's equity of redemption under § 5066.
