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Northeast

Surplus funds in Delaware.

When a property in Delaware sells at a tax sale or a foreclosure sale for more than what was owed, the extra can belong to the former owner. Here is who holds it, the law behind it, and every county office linked so you can check for yourself, free.

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Foreclosure sales here

Judicial, through the courts.

Our fee here

We don't offer paid help in Delaware. You can claim surplus here yourself, free; see below.

Tax sale surplus

Sheriff's (monition) tax sales run through Superior Court. Unclaimed sheriff's sale money is held by the Superior Court and claimed by petition (Project Rightful Owner). For tax sales in Kent and Sussex Counties under 9 Del. C. §8779, the excess is paid to the owner, or if the owner refuses it or can't be found, deposited in a bank in the county to the owner's credit.

Foreclosure surplus

Foreclosure type
Judicial
Who holds the surplus

The county Sheriff right after the sale; unclaimed excess is later held by the Superior Court for the owner.

Mortgages are foreclosed in Superior Court by scire facias sur mortgage and sold at sheriff's sale (10 Del. C. 5061 et seq.). By statute, any surplus after the mortgage debt, interest and costs must be paid to the owner of the premises at the time of sale, and the sheriff is not discharged until it is (10 Del. C. 5067). Once the money is with the Prothonotary, the owner (or an heir) files a petition in Superior Court with proof of entitlement, a title search as of the sale date prepared within the last 60 days, and service on other interested parties; the filing fee is $75 (waived if the funds are $1,000 or less). The Superior Court's Project Rightful Owner lists unclaimed sheriff's sale excess by county.

Fees and assignments. No surplus-specific statute found regulating fees or assignments for recovering sheriff's sale surplus. The court's petition rules require certified copies of any assignment relied on. Delaware voids agreements to locate property from the date it becomes payable to the owner until 24 months after it is delivered to the State, then caps the fee at the lesser of $1,000 or 10% and requires the owner's notarized signature (12 Del. C. §§ 1186-1187).

Published surplus lists

These official Delaware pages publish lists or lookups of unclaimed surplus or excess proceeds. If your name or parcel appears, the office that runs the list can tell you how to claim, free.

Lists change often and may be out of date. Checked October 2026.

Claiming it yourself

We don't offer paid help in Delaware: state law voids agreements to locate property from the date it becomes payable to the owner until 24 months after it reaches the State (12 Del. C. § 1187). You can claim it yourself, free.

See the free self-filing steps →

Every Delaware county office(3)

Surplus is public record. Call the office that held the sale with the parcel or case number; in most places it will confirm whether a surplus exists, how much, and the deadline. Self-filing is free. Each entry links the county's tax office and court clerk where the directory lists them, plus the full set of county offices.

Each dot is a county below. Pick one from the list to see it up close.© OpenStreetMap contributors

Check this yourself

This page is plain-language orientation, not legal advice. Statutes were checked against official sources in October 2026, and county links come from the NETR public-records directory, an independent resource. Laws and county procedures change, so confirm with the office before you rely on any of it. You can always file a claim yourself with no recovery fee (a court or notary may charge a small fee).