Claiming surplus funds in Bristol County
Surplus from sales in Bristol 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.
Mass. Gen. Laws ch. 244, § 36 allows a mortgagor or other entitled person to recover excess received by the mortgagee in a civil action, absent a redemption suit. Chapter 244 governs foreclosure, and § 36 sets no special filing period for the excess-proceeds civil action. Applicable civil limitations and the facts of receipt must be assessed. A right to cure default or redeem property is separate.