One of the most critical factors in recovering surplus funds is time. Every state has different rules about how long you have to claim surplus funds from a foreclosure sale. Miss the deadline, and your money could be forfeited to the government forever.
This guide provides an overview of claim deadlines across the United States. However, laws change frequently, so always verify current deadlines with your county or a professional.
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Don't let deadlines pass - your surplus funds won't wait forever
Warning: These deadlines are general guidelines and may vary by county, type of foreclosure, and specific circumstances. Some deadlines are measured from the sale date, others from when funds are deposited. Always verify the exact deadline for your situation.
Understanding Deadline Types
Before reviewing state-specific deadlines, it's important to understand that different types of deadlines may apply:
- Claim filing deadline: How long you have to file a claim for surplus funds
- Statute of limitations: The legal time limit for pursuing your claim in court
- Escheatment period: When unclaimed funds are transferred to the state
State Deadline Reference Table
The following table provides general deadline information. Red indicates short deadlines (under 1 year), orange indicates medium deadlines (1-3 years), and green indicates longer deadlines (3+ years).
| State | General Deadline | Notes |
|---|---|---|
| Alabama | 3 years | From date of sale |
| Alaska | 3 years | Varies by foreclosure type |
| Arizona | 90 days | Very short deadline - act fast |
| Arkansas | 2 years | From confirmation of sale |
| California | 90 days | Then escheats to state |
| Colorado | 5 years | Relatively generous deadline |
| Connecticut | 3 years | From date of sale |
| Delaware | 2 years | Contact county for specifics |
| Florida | 60-120 days | Varies by county - very short |
| Georgia | 5 years | From date of sale |
| Hawaii | 3 years | Judicial foreclosure state |
| Idaho | 2 years | From recording of deed |
| Illinois | 2 years | From confirmation of sale |
| Indiana | 3 years | Then escheats to state |
| Iowa | 2 years | From date of sale |
| Kansas | 2 years | Contact county clerk |
| Kentucky | 5 years | Relatively generous |
| Louisiana | 3 years | Unique civil law system |
| Maine | 3 years | From date of sale |
| Maryland | 3 years | From ratification of sale |
| Massachusetts | 3 years | From date of sale |
| Michigan | 6 months | Tax sales have shorter deadlines |
| Minnesota | 5 years | Post-Tyler ruling changes |
| Mississippi | 3 years | From date of sale |
| Missouri | 2 years | From date of sale |
| Montana | 3 years | Contact county treasurer |
| Nebraska | 2 years | From confirmation of sale |
| Nevada | 6 months | Very short - act immediately |
| New Hampshire | 3 years | From date of sale |
| New Jersey | 2 years | From date of sale |
| New Mexico | 2 years | Judicial foreclosure state |
| New York | 5 years | From date of sale |
| North Carolina | 3 years | From date of sale |
| North Dakota | 3 years | Contact county auditor |
| Ohio | 2 years | From confirmation of sale |
| Oklahoma | 2 years | From date of sale |
| Oregon | 5 years | Relatively generous |
| Pennsylvania | 2 years | From confirmation of sale |
| Rhode Island | 3 years | From date of sale |
| South Carolina | 3 years | From date of sale |
| South Dakota | 3 years | Contact county treasurer |
| Tennessee | 3 years | From date of sale |
| Texas | 2 years | From date of sale |
| Utah | 3 years | From date of sale |
| Vermont | 3 years | Judicial foreclosure state |
| Virginia | 2 years | From date of sale |
| Washington | 3 years | From date of sale |
| West Virginia | 2 years | From date of sale |
| Wisconsin | 3 years | From confirmation of sale |
| Wyoming | 3 years | Contact county clerk |
Note: This table provides general guidance only. Actual deadlines may vary based on the type of foreclosure (mortgage vs. tax), county-specific rules, and recent legislative changes. Always verify the current deadline for your specific situation.
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Professional guidance can help ensure you don't miss critical deadlines
What Happens After the Deadline?
If you miss the deadline to claim surplus funds, the money typically:
- Escheats to the state: Transferred to the state's unclaimed property fund
- Goes to the county: Some jurisdictions keep unclaimed funds
- Is distributed to junior lienholders: Other creditors may claim it
Even after escheatment, you may still be able to recover funds through the state's unclaimed property division, though the process becomes more complicated.
Factors That Affect Your Deadline
Type of Foreclosure
Tax sale foreclosures often have different (usually shorter) deadlines than mortgage foreclosures.
Judicial vs. Non-Judicial
States with judicial foreclosure (court-supervised) may have different deadline calculations than non-judicial states.
When the Clock Starts
Deadlines may be measured from:
- The date of the foreclosure sale
- The date the sale is confirmed by the court
- The date funds are deposited with the court or county
- The date the deed is recorded
Don't Wait Until the Last Minute
Even if you think you have plenty of time, there are good reasons to act quickly:
- Research takes time: Locating and verifying surplus funds isn't instant
- Paperwork delays: Gathering required documents can take weeks
- Government processing: Claims aren't processed overnight
- Competing claims: Other parties may also file claims
- Laws change: Deadlines can be shortened by new legislation
Don't Let Time Run Out
We can quickly research your foreclosure and determine if surplus funds exist — and how much time you have to claim them. Free consultation, no obligation.
Check Your Deadline NowThe Bottom Line
Time is not on your side when it comes to surplus funds. Every state has deadlines, and some are surprisingly short. If you've experienced a foreclosure, don't assume you have years to act — check your state's deadline and start the claim process as soon as possible.
The money is legally yours, but only if you claim it in time.