In Fresno County, surplus funds recovery (excess proceeds) from a foreclosure sale can be recovered
if the property sold for more than the mortgage balance and costs.
Claims must be filed within one year of the deed recording, with priority given to junior lienholders before the former homeowner.
How to Recover Surplus Funds recovery in Fresno:
- Check Eligibility: You must have been the owner of record at the time of the tax sale or foreclosure.
- Locate Funds: Contact the Fresno County Treasurer-Tax Collector or the Trustee listed on the Notice of Trustee Sale.
- File a Claim: Submit a notarized claim with written proof of your claim to the Fresno County Tax Collector.
- Identify Liens: Junior lienholders (e.g., second mortgage, HELOC) are paid first; you receive the remainder.
- Process: The tax collector may recommend payment to the Board of Supervisors, or file a petition with the Superior Court if there are competing claims.
Important Information:
- Deadline: A claim must be filed within one year of the tax collector’s deed recording.
- No Upfront Fees: Third-party recovery services often work on a contingency basis, but you can file a claim yourself for free.
- Resources: Contact California Rural Legal Assistance (CRLA) in Fresno for potential assistance.
- Unclaimed Funds: If not claimed within the deadline, funds may be transferred to the California State Controller’s Office.
