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Northeast

Surplus funds in Massachusetts.

When a property in Massachusetts 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

Non-judicial, trustee or power-of-sale.

Our fee here

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

Tax sale surplus

Since the 2024 reform (St. 2024, c. 140), after the Land Court forecloses the right of redemption, the judgment holder (the town, or a buyer of its tax receivables) must either sell the property through a licensed broker or keep it at an appraised value, and pay the 'excess equity' to the former owners and others who held a right to redeem (G.L. c. 60, § 64A). If the holder can't find them, it gives notice, and claims must be made in writing within 18 months of that notice. Excess equity not claimed within 19 months of the sale or appraisal goes to the state's unclaimed property program. Disputes must be filed in Superior Court not more than 12 months after the date of the notice of the written itemized accounting (G.L. c. 60, § 64A(f)). A 2025 amendment (St. 2025, c. 14) gave the holder 30 days to elect whether to sell or keep the property.

Foreclosure surplus

Foreclosure type
Non judicial
Who holds the surplus

The foreclosing mortgage holder (lender), which must pay any surplus to the mortgagor or the mortgagor's heirs, successors or assigns

Massachusetts allows foreclosure by power of sale without a court action (G.L. c. 244, § 14). After the sale the lender may keep what the mortgage secures plus costs and must pay any surplus to the mortgagor (G.L. c. 183, § 27), and within 60 days of receiving the funds must send the mortgagor an itemized written accounting showing any surplus due. We found no statutory claim deadline.

Fees and assignments. No statute specific to mortgage-foreclosure surplus found. Under G.L. c. 200A, § 13, once surplus is with the State Treasurer, any recovery agreement made within 24 months after delivery to the state is unenforceable; later agreements are valid only if written, signed by the owner, disclose the property's nature and value, and charge no more than 10%.

Claiming it yourself

We don't offer paid help in Massachusetts. You can claim surplus here yourself, free.

See the free self-filing steps →

Every Massachusetts county office(373)

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).