Service

Lienholder & Creditor Surplus Claims

Surplus funds are not always paid straight to the former owner. Subordinate lienholders — second mortgages, judgment creditors, certain assessment holders — may have a priority claim on the money that survives the foreclosure sale.

We research the lien position, confirm whether the claim is viable in that jurisdiction, and prepare the documentation the custodian will require.

Who this is for

  • Holders of a second mortgage or home equity line wiped out by the sale
  • Judgment creditors with a recorded lien against the property
  • Servicers, note buyers and assignees holding subordinate positions

What we do

  • Confirm the surplus amount and the custodian of record
  • Review recorded lien priority and the effect of the foreclosure sale
  • Assess whether the jurisdiction permits a lienholder claim and on what terms
  • Prepare the claim or petition with supporting lien documentation

What we typically need from you

  • The recorded lien, note, judgment or assignment chain
  • Payoff or balance documentation as of the sale date
  • Entity authority documents for the claiming company

Important to know

  • Lien priority controls. A claim behind other surviving interests may recover nothing.
  • Some jurisdictions restrict surplus recovery to the former owner only.

Free records search. No upfront fees — our fee is deducted only if and when funds are successfully recovered. Rules, eligibility and deadlines are set by each state and county.

Check your state's process

Who may claim, how long they have and which office holds the money changes by state.

Open the Surplus Recovery State Guide

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