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Surplus funds in New Mexico.

When a property in New Mexico 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

Both judicial and non-judicial.

Our fee here

Tax-sale surplus: up to 25% of what you receive, shown in writing before you sign, $0 upfront, only if you are paid. We don't offer paid help for foreclosure surplus; you can claim it yourself, free. We don't offer paid help for New Mexico surplus once it is presumed abandoned under New Mexico's unclaimed-property law; you can claim it yourself, free.

Tax sale surplus

The state Taxation and Revenue Department sells property for delinquent property taxes. From the sale money it first takes its costs, the penalties and interest, and the delinquent taxes. Since July 1, 2026 it may also keep any amount the former owner owes on other state taxes the department administers, and it may apply the balance against other property taxes the owner owes. Whatever remains goes to the former owner or to a person named in a court order, and the department may require proof of former ownership. If no former owner claims the balance within two years of the sale and the department cannot find the owner after a reasonable search, the balance is treated as abandoned property under the Uniform Unclaimed Property Act (NMSA 1978, § 7-38-71, as amended by Laws 2026, ch. 31, § 15).

Foreclosure surplus

Foreclosure type
Both
Who holds the surplus

Judicial foreclosure: held under the court's orders in the foreclosure case. Deed of Trust Act sales: the trustee pays the surplus, or deposits it with the clerk of the district court.

In a court foreclosure, the former owner claims any surplus in the foreclosure case. Under the Deed of Trust Act, the trustee pays costs, the secured debt, other secured obligations and junior encumbrancers, then the trustor; the trustee may instead deposit the balance with the district court clerk, including through an interpleader. No statutory claim deadline was found.

Fees and assignments. No surplus-specific fee statute found. New Mexico's Mortgage Foreclosure Consultant Fraud Prevention Act (NMSA 1978, ch. 47, art. 15) regulates pre-sale foreclosure rescue services; its definitions section does not mention sale proceeds or surplus. New Mexico voids agreements from the date property is presumed abandoned until 48 months after it is delivered to the State; government-held property is presumed abandoned one year after it becomes payable (NMSA 1978, § 7-8A-25 (official NMSA, ch. 7)).

Published surplus lists

These official New Mexico 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.

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Every New Mexico county office(33)

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

What we do, and your other options

Filing yourself, your own attorney, or us. Our fee in New Mexico is above.

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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).