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Tax Sale Surplus Recovery

When a county sells a property for unpaid taxes and it fetches more than the tax debt, the surplus belongs to the former owner or their heirs.

Check for funds

What this is

A county sells a tax-delinquent property to collect what it is owed. The winning bid frequently exceeds the taxes, interest, and costs by a large margin, because the bidder is buying real estate, not a tax bill.

The excess above the tax debt is the former owner's property. Depending on the state it is held by the county auditor, the collector of revenue, the treasurer, or the clerk of the circuit court until someone claims it.

Some states put a fixed window on the claim, after which the money is transferred to a county or school fund. Others hold it and eventually report it to the state. Which rule applies is a matter of statute, and we publish the citation for every state we serve.

Tax lien vs. tax deed

Tax lien states

The county sells a certificate for the unpaid tax. If the owner never redeems, the certificate holder forecloses, and the property is sold. Surplus arises at that later sale, above the tax debt, interest, and costs — and it is usually claimed by petition rather than by form.

Examples: KY · OH · IN · IL · MO · WV

Tax deed states

The county sells the property itself at auction to collect the tax. Bidders compete on market value, so the price commonly runs far past the debt. The excess is held by the clerk, treasurer, or auditor under the former owner's name.

Examples: TN · MN · WI · VA · FL · NY

Not sure which applies to your property? The county record will say, and we'll read it with you.

Worked example

$8,000 OWED · SOLD FOR $65,000 · $57,000 SURPLUS

Illustration of the arithmetic, not a case result.

Typical recoveries

$5,000 — $120,000

Tax debts are small and market prices are not, so the gap between them is often wide. What narrows it is other recorded claims against the parcel and, in some states, a statutory cap on what a recovery firm may charge.

Range, not a promise. Individual results depend on the record in your case.

Our process

01

We search the records

We pull the sale record, the docket, and the surplus ledger for the county. It costs nothing and obligates you to nothing.

02

We confirm you're the rightful claimant

Deed, title history, identification, and where the owner has died, the estate record naming every heir with an interest.

03

We prepare and file the claim

We file the county's surplus or excess proceeds claim with the auditor, collector, or clerk that holds the money, or a petition in the circuit court where the state requires one, with the deed and tax sale record attached.

04

The county or court pays you

Payment is issued on the disbursement order. Our 30% fee is deducted at that point and never before. No recovery, no fee.

*Our fees include the legal support given by our law partners who represent our clients to claim their surplus.

Questions about tax sale surplus

How to file it yourself, free →If someone else has filed →

Want us to check the record for you?

A records search costs nothing and puts you under no obligation.

Start a records search