Free Surplus Funds Claim Review
If a property was sold at foreclosure, you may be entitled to money remaining after the foreclosure sale.
These funds are commonly referred to as foreclosure surplus funds, excess foreclosure proceeds, or surplus trustee sale proceeds. There is no charge for an initial review of a potential claim.
Tengco Law PLLC represents former property owners, heirs, family members, executors, guardians, attorneys-in-fact, creditors, and other claimants seeking recovery of foreclosure surplus funds throughout Virginia.
There is no charge for an initial review of a potential claim.
Please complete the form below with as much information as you have available. Do not worry if you do not know all of the answers. Tengco Law PLLC can often investigate and obtain additional information regarding the foreclosure, the trustee, the court proceedings, and the surplus funds.
Free Claim Review Form
Do not worry if you do not know all of the answers.
Please provide as much information as you have available and we will investigate the rest.
What are the Foreclosure Surplus Funds?
When a property is sold at foreclosure, the sale proceeds are first used to pay the costs of the sale and the debt secured by the deed of trust. If money remains after those obligations are paid, the remaining funds are often referred to as surplus funds, excess proceeds, or foreclosure surplus funds.
In many cases, former property owners, heirs, creditors, lienholders, purchasers, or other interested parties may have claims to those funds.
Who is entitled to Foreclosure Surplus Funds?
The answer depends on the specific facts of each case.
Potential claimants may include:
- Former property owners
- Heirs and beneficiaries
- Executors and administrators
- Creditors and lienholders
- Bankruptcy trustees
- Purchasers and assignees
- Other parties with a legal interest in the funds
Competing claims are common and may require court involvement before funds can be distributed.
What is an Interpleader Action?
When multiple parties claim the same funds, the stakeholder holding the money may file an interpleader action and deposit the funds with the court.
The court then determines who is legally entitled to receive the funds.
Interpleader actions frequently involve competing ownership claims, heirship issues, lien disputes, probate matters, assignments, and other questions regarding entitlement to the funds.
Free Claim Review
If you believe you may be entitled to foreclosure surplus funds, please complete the intake form above with as much information as you know.
Do not worry if you do not have all of the documents or information requested. We can often investigate the foreclosure, title history, court records, and related matters to determine whether a claim may exist.