Frequently Asked Questions

Surplus funds, often referred to as overages or excess proceeds, are the extra money that remains after a foreclosure or tax deed sale. When a property is sold for more than what is owed to the county or financial institution, the excess funds legally

belong to the former owner or their heirs. This is your money, and we are here to help you reclaim it!

If your property was sold at a foreclosure or tax deed auction, you may be eligible for surplus funds. Our team will verify your eligibility during a free consultation.

We monitor county tax sale and mortgage foreclosure auctions to discover unclaimed funds and overages. We reach out to you when we learn that you may be owed a significant amount of money.

It might seem to good to be true, but you have rights!

Some may think that this is a scam. You are right to be skeptical. There are a lot of scams out there today, and it is easy to be taken in.

We stand on a firm legal foundation, recently reaffirmed in a decision by the United States Supreme Court. They ruled in Tyler v. Hennepin County (Read Supreme Court Opinion) that any surplus funds left over after a foreclosure belongs to the former homeowner — not the bank, not the county. Full stop.

However banks and Counties are not required to track you down, so they do what is easy in most cases and send out notices to the last known address, often times the foreclosed home.

We encourage you to explore the information on our website and to conduct your own research. There are links to a variety of resources about halfway down our homepage.

We are the only equity recovery firm founded by a lifetime consumer protection advocate.

We are a Public Benefit Corporation. This means that we must file reports every year that demonstrate to the government how Superior Equity Restoration is creating a public benefit, not just a profit. We believe that helping people recover their hard earned equity is an important public service.

We never charge anything upfront. If we don't recover your funds you don't pay anything. We are the only equity recovery firm that gives 10% of our net profit to non-profit organizations.

Although Superior Equity Restoration is new (as of 2026) to the field of surplus funds and excess proceeds recovery, we have over 40 years of experience in representing people in a variety of circumstances. Rest assured, if you choose Superior Equity Restoration to help you recover your funds, you will receive superior quality representation with the highest level of ethics.

This isn't just a business. For Superior Equity Restoration, this is a campaign for justice for those who have had their hard earned equity seized by the government or the bank.



It is this values first commitment to justice, to your interests and to giving back to the community that sets Superior Equity Restoration apart from the rest of the pack.

Yes, some people successfully navigate the process independently. However, many find the complexities of the systems, potential upfront legal fees, and attention to procedural details challenging. This is where we excel — we handle all upfront costs and the entire process, allowing you to focus on what matters most while we do the hard work to get your money back for you.

If you want to pursue the surplus funds yourself, we can point you in the right direction. And we will be here for you if you decide that you want to contract with us for help.

The money that you may be owed is a result of a difference between what your former home was sold for at auction and what is owed to the county, state, bank or other lien holders. If there are funds left over, you are entitled to this money. This is often referred to as excess proceeds, surplus funds or overages.

To find these funds we audit and track foreclosure auctions nationwide. Once we have determined that there may be money available for you, we need your authorization to do the research and discuss the details with the government or trustee to determine if funds truly are available to you, how much and the processes involved in returning this money to you.

With your signed authorization documents, we have the power to effectively represent you in reclaiming this money.

The process is straightforward:

1. Contact us for a free consultation.

2. We research your case and verify your claim.

3. We sign a contract that authorizes us as your representative in reclaiming these funds.

4. Our team manages all paperwork and legal filings for you. There is very little for you to do, as we or our attorneys represent you in the process.

5. Once approved, you’ll receive your funds quickly and hassle-free.

Absolutely! We utilize advanced security systems and adhere to strict confidentiality protocols to safeguard your personal information throughout the process. Our systems meet or exceed federal and state data protection laws.

We NEVER sell your personal information. We only share your personal information with the states, counties, banks or trustees who are holding these funds in our efforts to return your money to you.

Yes! If you are an heir or executor of an estate, we can assist you in recovering surplus funds related to a deceased relative’s property.

It’s common for counties to send surplus notices to outdated addresses. Even if you didn’t receive a notice, you may still be eligible for funds. We specialize in tracking down unclaimed funds and filing claims on your behalf.

The timing can vary based on the county and the type of foreclosure or tax deed sale. Typically, you can expect your claim to be processed within 90-180 days after the date that we sign a contract for representation with you. We will keep you informed and notify you as soon as your check is ready and on its way.

Getting started is easy! Contact us today for a free consultation. We’ll answer your questions, evaluate your case, and start the process of recovering your funds.

No specific federal statute mandates the return of surplus funds, but the U.S. Supreme Court ruled in Tyler v. Hennepin County (2023) that state laws confiscating these funds violate the Fifth Amendment's Takings Clause. The Court unanimously held that property owners retain a property interest in surplus proceeds from tax foreclosure sales, meaning states cannot simply keep the excess without paying just compensation. While this ruling specifically addressed tax foreclosures, it established a constitutional baseline that property rights cannot be manipulated to avoid paying compensation for surplus equity.

For standard mortgage foreclosures, the return of surplus funds is primarily governed by state statutes rather than federal law. Most states have mechanisms in place to distribute excess proceeds to former homeowners after senior liens and foreclosure costs are satisfied, though the specific procedures vary by jurisdiction. If a state lacks a mechanism to return these funds, property owners may need to file an inverse condemnation action to claim the surplus as a constitutional right to just

compensation.

Key legal distinctions include:

• Tax Foreclosures: Tyler v. Hennepin County (2023) definitively prohibits states from keeping surplus funds without compensation, as doing so constitutes an unconstitutional taking of property. 

•  Mortgage Foreclosures: Distribution is typically handled under state codes (e.g., Texas Property Code, California Civil Code) which require funds to be held by the court or trustee until a claim is filed by the former owner or junior lienholders. 

• Federal Role: The federal government generally defers to state laws for distribution but intervenes via the Fifth Amendment when state laws extinguish property interests without compensation.