How it works
Last updated: May 2026
When a home sells at foreclosure auction for more than the outstanding mortgage debt, the difference is called surplus funds. The money is held by the court or county and belongs to the former owner — but only if a claim is filed correctly and on time. ListingDraft helps you find out if you’re owed surplus funds, and connects you with an attorney in your state who handles the filing.
Step 1 — Tell us about the foreclosure
Use the claim form to share the property address, your name, and a few details about the foreclosure. It takes about two minutes. We’ll never share your information with anyone outside the recovery process, and we don’t require any payment to begin.
Step 2 — We research public records
We check public court and county records to see whether your foreclosure generated a surplus, whether other parties (such as junior lienholders) have already claimed it, and whether the filing deadline has passed in your state. This research is free for you. If no surplus appears to be available, we’ll let you know — you owe nothing and there’s no further obligation.
Step 3 — You meet your attorney
If surplus funds appear recoverable, we connect you with an attorney licensed in your state who specializes in surplus-funds claims. You’ll have a free consultation where the attorney reviews your situation, explains the process, and answers your questions. If you choose to proceed, you and the attorney sign a contingency-fee agreement — you only pay if money is recovered.
Step 4 — The attorney files the claim
Your attorney files the claim with the court, responds to any objections from other parties, and represents your interest throughout the process. Most claims are resolved within a few weeks to a few months, depending on the state and court schedule.
Step 5 — You receive the funds
When the court releases the surplus funds, the agreed contingency fee is deducted and the remainder is paid to you — typically by check or direct deposit. The attorney’s trust account handles the transfer to ensure funds are accounted for correctly.
What it costs
You pay nothing upfront. ListingDraft’s service is free. Attorneys work on a contingency-fee basis — a percentage of recovered funds, varying by state. The exact percentage is disclosed in writing before you sign anything, and you owe nothing if no funds are recovered.
Important context
ListingDraft is not a law firm and does not provide legal advice. We help connect former homeowners with attorneys who handle surplus-funds claims in their state. Each attorney is independently licensed and responsible for the legal representation. Surplus-funds laws vary by state, and not every foreclosure generates a recoverable surplus.