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Northeast
Surplus funds in New York.
When a property in New York 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 New York. You can claim surplus here yourself, free; see below.
Tax sale surplus
2024 reform (RPTL Art. 11): within 45 days after a tax-foreclosure sale, the enforcing officer reports to the court whether there is a surplus and pays any surplus to the court with that report; within ten days of the report, the officer notifies the former owner (RPTL §1196). Anyone who had an interest in the property before the foreclosure judgment files a claim with that court (RPTL §1197). After a public auction, the sale price is accepted as the property's full value; after a sale that was not public, a claimant can ask the court to recalculate the surplus using a substantially higher full value. For residential property, the proceeding stays open for a former homeowner for at least three years after the sale is confirmed. Surplus no one claims is treated as abandoned but goes to the tax district, not the State Comptroller, so it will not show up in the State's unclaimed-funds search. Some counties, cities and towns that kept their own tax-collection laws are outside Article 11 (RPTL §1104). Court process, attorney-handled.
Foreclosure surplus
The referee who conducts the sale must pay any surplus into court within five days. It is then held by the county treasurer (in New York City, the Commissioner of Finance).
A claimant files a written notice of claim with the clerk where the report of sale is filed, at any time before the report of sale is confirmed. Then, on the motion to confirm or within three months after, the court (often through a referee) decides who is owed what and orders distribution (RPAPL 1361). Court-held money unclaimed for three years is deemed abandoned (Abandoned Property Law § 600) and is paid to the State Comptroller (§ 602), where it can still be claimed.
Fees and assignments. No statute caps fees for recovering surplus while it is still held by the court. The court, or a referee it appoints, decides every surplus claim, including a claim by anyone who says the owner assigned the surplus to them (RPAPL 1361). Once surplus has passed to the State Comptroller as abandoned property, Abandoned Property Law § 1416 makes any locator agreement invalid if the fee exceeds 15% of the recoverable amount, and it imposes disclosure requirements. New York's distressed property consultant law (Real Property Law § 265-b) does not mention surplus.
- RPAPL § 1354 (distribution of proceeds; surplus paid into court)
- RPAPL § 1361 (application for surplus; reference)
- Abandoned Property Law § 600 (unclaimed court funds after 3 years)
- Abandoned Property Law § 602 (payment of abandoned court funds to the Comptroller)
- Abandoned Property Law § 1416 (15% cap on locator agreements for property held by the Comptroller)
- Real Property Law § 265-b (distressed property consulting contracts)
Published surplus lists
These official New York 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.
- Broome: Auction surplus Exhibit A reports (Nov 2025, 2023) Real Property Tax Services · tax sale
- Chemung: Reports of surplus tax sale proceeds (2023-2025 auctions) Treasurer · tax sale
- NYS Comptroller unclaimed funds search (mortgage-foreclosure surplus left in court 3+ years is remitted here; unclaimed tax-foreclosure surplus goes to the tax district instead) statewide
Lists change often and may be out of date. Checked October 2026.
Claiming it yourself
We don't offer paid help in New York. You can claim surplus here yourself, free.
See the free self-filing steps →Every New York county office(62)
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.
- AlbanyAll county offices (NETR)Map: Albany
- AlleganyAll county offices (NETR)Map: Allegany
- BronxAll county offices (NETR)Map: Bronx
- BroomeAll county offices (NETR)Map: Broome
- CattaraugusAll county offices (NETR)Map: Cattaraugus
- CayugaAll county offices (NETR)Map: Cayuga
- ChautauquaAll county offices (NETR)Map: Chautauqua
- ChemungAll county offices (NETR)Map: Chemung
- ChenangoAll county offices (NETR)Map: Chenango
- ClintonAll county offices (NETR)Map: Clinton
- ColumbiaAll county offices (NETR)Map: Columbia
- CortlandAll county offices (NETR)Map: Cortland
- DelawareAll county offices (NETR)Map: Delaware
- DutchessAll county offices (NETR)Map: Dutchess
- ErieAll county offices (NETR)Map: Erie
- EssexAll county offices (NETR)Map: Essex
- FranklinAll county offices (NETR)Map: Franklin
- FultonAll county offices (NETR)Map: Fulton
- GeneseeAll county offices (NETR)Map: Genesee
- GreeneAll county offices (NETR)Map: Greene
- HamiltonAll county offices (NETR)Map: Hamilton
- HerkimerAll county offices (NETR)Map: Herkimer
- JeffersonAll county offices (NETR)Map: Jefferson
- KingsAll county offices (NETR)Map: Kings
- LewisAll county offices (NETR)Map: Lewis
- LivingstonAll county offices (NETR)Map: Livingston
- MadisonAll county offices (NETR)Map: Madison
- MonroeAll county offices (NETR)Map: Monroe
- MontgomeryAll county offices (NETR)Map: Montgomery
- NassauAll county offices (NETR)Map: Nassau
- New YorkAll county offices (NETR)Map: New York
- NiagaraAll county offices (NETR)Map: Niagara
- OneidaAll county offices (NETR)Map: Oneida
- OnondagaAll county offices (NETR)Map: Onondaga
- OntarioAll county offices (NETR)Map: Ontario
- OrangeAll county offices (NETR)Map: Orange
- OrleansAll county offices (NETR)Map: Orleans
- OswegoAll county offices (NETR)Map: Oswego
- OtsegoAll county offices (NETR)Map: Otsego
- PutnamAll county offices (NETR)Map: Putnam
- QueensAll county offices (NETR)Map: Queens
- RensselaerAll county offices (NETR)Map: Rensselaer
- RichmondAll county offices (NETR)Map: Richmond
- RocklandAll county offices (NETR)Map: Rockland
- SaratogaAll county offices (NETR)Map: Saratoga
- SchenectadyAll county offices (NETR)Map: Schenectady
- SchoharieAll county offices (NETR)Map: Schoharie
- SchuylerAll county offices (NETR)Map: Schuyler
- SenecaAll county offices (NETR)Map: Seneca
- SteubenAll county offices (NETR)Map: Steuben
- St. LawrenceAll county offices (NETR)Map: St. Lawrence
- SuffolkAll county offices (NETR)Map: Suffolk
- SullivanAll county offices (NETR)Map: Sullivan
- TiogaAll county offices (NETR)Map: Tioga
- TompkinsAll county offices (NETR)Map: Tompkins
- UlsterAll county offices (NETR)Map: Ulster
- WarrenAll county offices (NETR)Map: Warren
- WashingtonAll county offices (NETR)Map: Washington
- WayneAll county offices (NETR)Map: Wayne
- WestchesterAll county offices (NETR)Map: Westchester
- WyomingAll county offices (NETR)Map: Wyoming
- YatesAll county offices (NETR)Map: Yates
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).