New Jersey Foreclosure Surplus Funds Attorney

When a home sells at sheriff's sale for more than the foreclosure judgment and costs, the extra money does not belong to the lender. It is deposited with the court, and the former owner can claim it, but only by filing the right papers.

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What surplus funds are

At a sheriff's sale the property goes to the highest bidder. If the winning bid is higher than what was owed on the judgment plus the sheriff's fees and costs, the difference is surplus. The sheriff pays the lender what it is owed and deposits the rest with the Superior Court Trust Fund, where it sits until someone with a right to it asks the court to release it.

In counties with rising home values, surplus is more common than most homeowners expect, and many never learn the money exists.

Who can claim them

The former owner is usually entitled to what remains, but other parties named in the foreclosure may be paid first in order of priority:

  • Second mortgages and home equity lines
  • Judgment creditors whose liens attached to the property
  • Condominium or homeowners association liens
  • Tax and municipal liens that were not paid at the sale
  • The former owner, or the owner's estate or heirs, for whatever remains

How the money is recovered

Surplus funds are released only by court order. David files a motion in the foreclosure case, on notice to every party who was named, showing the amount on deposit and why you are entitled to it. If no one with priority objects, the court signs an order directing the Trust Fund to pay you.

There is no need to pay a percentage to a company that found your name on a list. The motion is a routine court filing, and a flat or hourly legal fee is almost always far less than a finder's contingency.

Beware of surplus funds finders

After a sale with surplus, former owners often receive letters and calls from companies offering to recover their money for a large share of it, sometimes a third or more. Before you sign anything, find out how much is on deposit and what the legal work would cost. A free consultation will tell you both.

FAQ

Surplus Funds Recovery: common questions

How do I find out if there are surplus funds from my sale?

The sheriff's office can tell you the winning bid, and the foreclosure judgment shows what was owed. David compares the two, confirms the amount on deposit with the court, and tells you whether a claim is worth filing.

Is there a deadline to claim surplus funds?

Funds can remain on deposit for some time, but other creditors can claim them first, and unclaimed funds can eventually be transferred to the state. It is best to act soon after the sale.

The owner passed away. Can the family claim the surplus?

Yes, through the estate. An executor or administrator has to be appointed first, and David can handle both the estate step and the surplus motion.

Let's talk

Talk to David about surplus funds recovery

Tell David what you're facing. You'll leave the conversation knowing your options, with no pressure and no obligation. Calls returned within one business day.