Surplus Funds Claims

Recover Surplus Funds from a Foreclosure Sale

If you have received a letter from a Clerk of Court stating that you may be entitled to surplus funds, you may have an opportunity to recover money from a foreclosure sale overage.

At The Walls Law Group, we assist individuals throughout North Carolina in claiming surplus funds after a foreclosure auction. The process requires filing a Petition for Surplus Funds and proving to the court that you are legally entitled to the money.

What Are Surplus Funds?

Surplus funds, also known as excess funds or overages, occur when:

A foreclosure auction results in a winning bid higher than the amount owed on the mortgage or lien.
The lender collects what is owed, and any remaining funds may be available to the former property owner.

However, these funds do not transfer automatically—a legal process is required to claim them.

Stacks of US one-dollar bills bundled with blue bands, positioned on a surface, with a brick wall in the background.

- We verify if you qualify as a former property owner entitled to surplus funds.
- We also examine if other parties, such as secondary lienholders, have competing claims.
Our team submits a formal petition to the court establishing your legal entitlement to the funds.
We compile and present all necessary ownership proof and relevant legal documents on your behalf.
We attend the Special Proceedings Hearing with the Clerk of Court in the county where your funds are held.
Upon approval, we ensure the court releases the surplus funds that you are entitled to.

How to Claim Surplus Funds

Costs Associated with Filing a Claim

Filing Fee:

Approximately $120 (varies by county).

Attorney Fees:

Many cases are handled on a contingency basis (no fees upfront).

Service Fees:

The Sheriff’s Office may need to notify other interested parties.

Title Search:

A limited title search ($150–$250) may be required to confirm no competing claims

Why Work with an Experienced Surplus Funds Attorney?

Many property owners are unaware that they may be entitled to surplus funds. Each county has different procedures, and there are no standardized claim forms, making the process complicated for those unfamiliar with legal filings.

At The Walls Law Group, we have successfully helped clients recover surplus funds across all 100 counties in North Carolina. Our attorneys understand the filing requirements and court procedures, ensuring a smooth claim process.