Surplus Funds Recovery in Massachusetts
If your property was foreclosed in Massachusetts and sold at auction for more than what was owed, you may be entitled to the surplus. Most former homeowners never find out this money exists.
Massachusetts allows 3 years to claim surplus funds from a foreclosure sale. The state uses both judicial and non-judicial processes.
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Check My Eligibility FreeHow Surplus Funds Work in Massachusetts
Massachusetts uses non-judicial (power of sale) or judicial foreclosure. This means foreclosures can happen outside the court system, often moving faster than judicial states.
Under Massachusetts General Laws Chapter 244 § 17B, when a foreclosed property sells at auction for more than the outstanding debt (including mortgage, liens, fees, and costs), the excess amount — known as surplus funds — legally belongs to the former property owner.
Massachusetts has high property values, especially in eastern counties near Boston. The state requires foreclosing parties to hold surplus funds for the former owner. Non-judicial foreclosure is more common but judicial is available.
How to File a Surplus Funds Claim in Massachusetts
Contact the mortgagee or their attorney who conducted the foreclosure
Submit a written demand for surplus funds to the foreclosing party
Provide proof of identity, ownership, and entitlement
If the demand is disputed, file an action in superior court
Funds are disbursed directly or per court order
Sounds complicated? We handle all of this for you. Our team researches your case, prepares the paperwork, and works with licensed attorneys in Massachusetts to file your claim. You only pay when we recover your funds.
Top Massachusetts Counties for Surplus Funds
These Massachusetts counties have the highest foreclosure volumes and are most likely to have unclaimed surplus funds:
Frequently Asked Questions — Massachusetts
Massachusetts allows 3 years to file a claim for surplus funds from a foreclosure sale. After this deadline, funds may be permanently forfeited or transferred to the state unclaimed property division.
Surplus amounts in Massachusetts typically range from $12,000–$45,000, depending on the property value, auction price, and outstanding debt. Some cases can be significantly higher.
Yes, you can file yourself. The process involves contacting the trustee or county, providing proof of ownership and identity, and navigating the legal requirements under Massachusetts General Laws Chapter 244 § 17B. Many claims are denied due to paperwork errors, which is why most people work with a recovery service.
We work on a contingency basis — no upfront fees. Our standard fee is 25% of the recovered amount. If you use our self-service portal, you save an additional 5%. If we don't recover anything, you owe nothing.
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