Got a Letter About Surplus Funds? How to Tell If It's Real

Letters about leftover foreclosure money come from two very different places: the county office holding it, and companies that read public records. Both can be real. Here is how to tell which one you have, and what to check before you sign.

Updated October 23, 2026. Checked against the sources below
A surplus funds letter is often real, because foreclosure and tax sale records are public. The question is who sent it. An official notice comes from the court clerk, county treasurer or tax office and never charges you to find out whether money exists. A company letter is an offer to recover the money for a share of it. Either way, you can confirm the money with the county yourself, for free, before you sign anything.

Who sends letters about surplus funds?

Two kinds of senders. The first is the office that holds the money. In Ohio, when a sheriff's sale leaves $500 or more, the Clerk of Courts must send the former owner a certified-mail notice (R.C. 2329.44). In Georgia, the officer who ran a tax sale must mail notice of excess funds to the record owner within 30 days (O.C.G.A. § 48-4-5). In Florida, the clerk mails notice of tax deed surplus to the owner and lienholders (Fla. Stat. § 197.582).

The second is a private company. Recovery firms read the same public sale records, work out which sales left money behind, and write to the former owners. Some are honest. Some charge far more than the work is worth, and a few are outright scams. The letter alone won't tell you which.

There's a reason the company letter often arrives first. Official notices go to the address on file, which is usually the house that was sold. If you moved, the county's letter may never have reached you. More on that in our guide to notices that went to your old house.

How can I tell an official notice from a company letter?

What to look atOfficial notice from the county or courtLetter from a company
Who it's fromThe clerk of courts, county treasurer, tax commissioner or clerk of the circuit court, named by officeA business name, sometimes one that sounds official
What it asks you to doFile a claim form or a motion with that office, with proof of who you areSign an agreement with the company, sometimes an assignment or a power of attorney
What it costsNothing to ask whether money exists; some offices charge routine filing or notice costsA percentage of what is recovered, sometimes with costs on top
Case detailsNames the case or parcel and the office holding the moneyMay quote an amount but leave out the case number or the office
How to confirm itCall the office using a number from its official websiteCall that same office yourself and ask what it is holding
Look up the office's phone number yourself. A number printed on a letter, even one that looks official, is the number the sender wants you to call.

What should I check before I sign anything?

  1. Ask for the case number and the office holding the money. Every surplus sits in a specific court case or county account. A legitimate sender will tell you, and then you can check it.
  2. Call that office yourself. Ask whether surplus or excess funds are being held from your sale, roughly how much, and whether anyone else has filed a claim. The call is free.
  3. Read what the document actually is. A fee agreement keeps the claim in your name. An assignment transfers your right to the money to the company. A power of attorney can let someone else act for you. Know which one you're holding.
  4. Get the fee and your net amount in writing. Both the percentage and the dollar amount you would receive should be on paper before you sign.
  5. Check any deadline they quote. Real deadlines exist, but they run in months or years, not hours. Our deadline guide lists them by state.
  6. Never pay upfront. No one needs money from you to find out whether money exists.

What do Ohio, Georgia and Florida rules say about these offers?

Florida is the most specific. If a company wants an assignment of your foreclosure surplus, the assignment must say that the owner does not need an attorney or other representative to recover surplus funds in a foreclosure, must disclose the sale price, the surplus amount and everything paid for the rights, and the company's total compensation is capped at 12% of the surplus (Fla. Stat. § 45.033). A Florida assignment missing that statement is a reason to stop.

Georgia county tax offices pay excess funds to the owner, and some, such as Gwinnett, say they do not recognize representation by asset recovery firms or power-of-attorney holders; only the owner or a licensed attorney can file. Once money has gone to the state, anyone paid to recover it must register with the Department of Revenue, use the state's own agreement forms and charge no more than 30% (Georgia DOR). According to Georgia's unclaimed property law (O.C.G.A. § 44-12-239), a solicitation about money the state holds must also tell you, in capital letters, that the state is holding it, that you can claim it directly at no cost, and how to reach the Department of Revenue.

Ohio's finder law covers money held by the state's Division of Unclaimed Funds: finders must register with the Ohio Department of Commerce, fees are capped at 10%, and agreements signed within two years of the funds being reported are void (R.C. 169.13). Surplus still with the county clerk or treasurer is not covered by that cap, which is why the fee in writing matters.

These rules are public law. You can read each one at the links in the sources below, or ask the office holding your money.

Is it a scam if they already know how much I'm owed?

No, and it isn't proof they're honest either. Sale prices, judgments and surplus lists are public records, and in many counties the excess funds list is posted online with names and amounts. Anyone can look it up, including you. What separates a fair offer from a bad one is what they ask you to sign and what they ask you to pay.

Two things should end the conversation right away: a request for money before anything is recovered, and pressure to sign today. The FTC's warning about unexpected calls about unclaimed funds lists the same signs. If someone phoned you instead of writing, our guide for when someone calls about surplus funds covers the questions to ask.

What if I want help with the claim?

Plenty of claims are simple enough to file yourself, and our guide on claiming surplus funds yourself shows how. Help is worth it when someone else is claiming the same money, when the owner has died, or when the case needs a court hearing.

If you talk to us, use the same checklist. We give you the county, the case and the office holding the money before you sign anything, so you can call and confirm it. There are no upfront costs: attorney fees, filing fees and court costs are covered, and you pay nothing unless money is recovered. We never ask for an assignment of your rights or a deed. Request a free review if you'd like us to check the record.

This guide is general information about public law, not legal advice. For a decision about a specific contract, talk to a licensed attorney you choose.

Keep reading

Common questions

Straight answers, before you ask.

Not necessarily. Foreclosure and tax sale records are public, so both county offices and private companies send these letters. Call the office holding the money, using a number from its official website, and ask whether surplus is being held from your sale. That call is free and settles it.

Official notices are mailed to the address on file, which is usually the property that was sold. Companies look up owners' current addresses, so their letters often arrive first, or are the only ones that reach you.

No. You can file the claim yourself with the county or court, or choose anyone else to help. A letter gives a company no right to your money unless you sign something that transfers it.

An assignment of Florida foreclosure surplus must state that the owner does not need an attorney or other representative to recover surplus funds in a foreclosure, give the sale price and the surplus amount, list everything paid for the rights, and keep the company's total compensation at or under 12% of the surplus (Fla. Stat. § 45.033).

In Ohio, the Ohio Attorney General; in Georgia, the Georgia Consumer Protection Division; in Florida, the Florida Attorney General; and nationally at ReportFraud.ftc.gov. Reporting doesn't affect your right to the money.

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