The honest answer
Yes. In most counties you can file this yourself, for free.
Nobody in this industry links to a page like this from their hero. We do, because it is true, and because you should hire us only if you actually need us.
The steps
01
Find the sale record
Call the clerk of court, sheriff's civil division, or county treasurer in the county where the property was located. Ask for the case number and the sale date for the parcel. Give them the property address or the parcel number. This call is free and they are required to talk to you.
02
Ask the one question that matters
“Are there surplus funds or excess proceeds being held on this sale, and what is the balance?” If the answer is yes, ask who holds them: the clerk, the court registry, the auditor, the collector, or the state unclaimed property office.
03
Get the claim form and the local rule
Most offices have a claim form or a motion template. Ask for the filing instructions, the deadline, whether the filing has to be notarized, and whether a hearing is set automatically or you must request one.
04
Prove you are who you say you are
Government identification, the deed showing you owned the property, and the sale record. If the owner has died, you will also need the death certificate, the will or letters of administration, and an affidavit of heirship naming every heir.
05
File it and show up
File with the office that holds the funds. Keep a stamped copy. If a hearing is set, attend. If anyone else has filed against the same money, you will find out at that hearing.
Who to call, by state
The office that holds the money and the rule that governs the window. These are the same records our own lookup returns.
Kentucky — KY
Master Commissioner of the Circuit Court in the county of sale
Surplus is held by the Master Commissioner and reported to the state as abandoned property if unclaimed; claim as early as possible after the sale is confirmed.
KRS 393A (Revised Uniform Unclaimed Property Act)
Tennessee — TN
Clerk and Master or Circuit Court Clerk of the county of sale
Excess proceeds are held by the court clerk; funds unclaimed for the statutory period are reported to state unclaimed property.
Tenn. Code Ann. Title 66, Ch. 29 (Uniform Unclaimed Property Act)
Ohio — OH
Clerk of Courts of the county of sale
Sheriff's sale surplus is deposited with the Clerk of Courts and may be claimed by the former owner or their heirs by motion in the foreclosure case.
Ohio Rev. Code § 2329.44 and § 5721.20
Indiana — IN
County Auditor (tax sale surplus) or Clerk of the Circuit Court (foreclosure surplus)
Tax sale surplus must generally be claimed within three years of the sale before it transfers to the county general fund.
Ind. Code § 6-1.1-24-7
Illinois — IL
Circuit Court Clerk or County Treasurer, depending on sale type
Tax sale indemnity and surplus claims are filed by petition in the Circuit Court; foreclosure surplus is distributed on motion after confirmation of sale.
35 ILCS 200/21-305 and 735 ILCS 5/15-1512
Minnesota — MN
County Sheriff or Court Administrator in the county of sale
Surplus from a mortgage foreclosure sale belongs to the mortgagor after the redemption period runs; unclaimed funds are later reported to Commerce.
Minn. Stat. § 580.10 and § 345.31 et seq.
Wisconsin — WI
Clerk of Circuit Court in the county of sale
Foreclosure surplus is paid into the clerk of court and disbursed by court order; unclaimed balances are reported to the Department of Revenue.
Wis. Stat. § 846.162 and Ch. 177
Missouri — MO
County Collector of Revenue (tax sale) or Circuit Clerk (foreclosure)
Tax sale surplus must generally be claimed within three years of the sale, after which it is forfeited to the county school fund.
Mo. Rev. Stat. § 140.230
Virginia — VA
Clerk of the Circuit Court in the county of sale (foreclosure); County Treasurer or Clerk for tax sale surplus
Foreclosure surplus is paid into the court and disbursed by order; tax sale surplus is generally claimed from the county within the time set by ordinance or statute.
Va. Code § 8.01-466 and § 58.1-3965 et seq.
West Virginia — WV
Clerk of the Circuit Court or Sheriff of the county of sale
Surplus proceeds from a sheriff's sale are paid into the circuit court and held until claimed by the former owner or distributed by order.
W. Va. Code § 38-1-7 and § 36A-2-1 et seq.
Florida — FL
Clerk of the Circuit Court and Comptroller in the county of sale
Foreclosure surplus is held by the clerk and disbursed by court order; tax deed sale surplus must be claimed within a period set by the county, typically after the tax deed is recorded.
Fla. Stat. § 45.032 and § 197.582
Florida Department of Financial Services, Unclaimed Property
New York — NY
County Treasurer or Commissioner of Finance, depending on the county and sale type
Mortgage foreclosure surplus is distributed by court order; tax sale surplus claims must be made within the time fixed by local law, typically before the surplus is paid into the county general fund.
N.Y. Real Prop. Tax Law § 1184; N.Y. CPLR § 2104
Verify every rule with the county before you rely on it. Local rules change and counties within one state do not always follow the same practice.
You probably don't need us if
- You are the sole owner on the deed, still living, and the title was clean.
- The clerk has already confirmed the balance and handed you a form.
- No one else has filed against the funds.
- You are comfortable notarizing documents and attending one hearing.
In that situation, filing yourself keeps 100% of the money. That is the right call and we will tell you so on the phone.
What we actually add
- Competing-claim defense. Answering lienholders, servicers, HOAs, judgment creditors, and auction buyers who file against the same fund — including the ones whose claims are stale or already released.
- Probate and multi-heir coordination. Where the owner died without a will, or there are six heirs in four states.
- Title and lien clearing. Proving what survived the sale and what did not.
- Refiling after a technical rejection. The most common reason a valid claim never gets paid.
Three ways to do this, side by side
Filing yourself costs nothing and is the right answer for a lot of people. Here is the honest comparison.
| Do it yourself | Hire an attorney | Phoenix Equity Group | |
|---|---|---|---|
| Upfront cost | $0. Nothing to pay to start, and nothing to sign. | Retainer or hourly, commonly paid before any work begins. | $0. We pay filing, recording, title, notary, and counsel. |
| What you pay if nothing is recovered | $0, apart from your own copies, notary, and postage. | Hourly fees are generally owed whatever the outcome. | $0. No recovery, no fee. |
| Typical timeline | Fast in a simple county; slow if a filing is rejected and you restart. | Depends on the engagement and how quickly documents are gathered. | 3 — 14 months depending on the service line and the county. |
| Who handles the paperwork | You. Forms, notarization, exhibits, service, and the hearing. | The firm, at their hourly rate, for what you engage them to do. | We assemble it; contracted counsel files and appears where required. |
| State-specific knowledge | The clerk will tell you the rule if you ask. Local practice takes longer to learn. | Strong where the firm regularly practises in that court. | Twelve states, with the holder, rule, and citation published on this site. |
| Case tracking | You follow the docket and call the office yourself. | Usually on request; some firms bill for status work. | Tracked for you, with the docket position shared as it changes. |
| Risk of a technical rejection | Real — a missing notarization or an incomplete heirship affidavit is the usual cause. | Low, though a limited engagement may leave gaps you have to fill. | Low, and we refile at no additional charge if it happens. |
| Best suited for | Best for simple, single-claimant cases — clear title, one living owner, nobody else filing. | Best when the underlying debt, the estate, or a bankruptcy is genuinely in dispute. | Best for multi-heir estates, multi-state claims, and contested disbursements. |
Our fee is 30% of what is actually recovered, deducted at payment.