What Does Surplus Funds Recovery Cost?

How much do surplus funds recovery companies charge?

If your house was sold at a foreclosure or tax sale for more than you owed, the leftover money is legally yours. That money is called surplus funds — also called excess proceeds, excess funds, or overage, depending on your state and the type of sale. Companies that track down this money and offer to claim it for you almost always charge a contingency fee: a percentage of whatever is recovered, taken out of the money itself. If nothing is recovered, you owe nothing. That part of the model is standard and legitimate.

The percentage is where it gets ugly, because most states do not regulate fees on court-held money. The New Jersey Division of Consumer Affairs warns that companies have charged "sometimes up to 75%" of a homeowner's surplus. When Washington's Attorney General sued one recovery firm, the state found its cut "often exceeded 50 percent of the total recovery and was sometimes as high as 67 percent" — in a state whose legal cap is 5%. The company was ordered out of business.

So there is no one honest number to quote you. What exists is a documented range — from 10% at the regulated bottom to more than half of your money at the predatory top — plus a handful of state laws that tell you exactly what lawmakers consider a fair fee. Those laws are worth reading before you sign anything, and they're covered below.

Is 30% too much for surplus funds recovery?

Run the math before you answer. Say the county is holding $40,000 of your money (an example, not a quote). A 30% fee is $12,000. For a straightforward claim — one owner, no competing liens — the underlying work is confirming the surplus exists, completing a claim form or court motion, and waiting for the county or court to pay out. New Jersey's consumer agency says most homeowners can do that themselves "for less than $100 and, in many instances, without the assistance of an attorney."

Legality is a separate question from fairness. In Washington, a 30% fee on county-held tax-foreclosure money would be six times the 5% cap, and in Florida it would be well over the 12% cap on foreclosure-surplus assignments. Georgia's cap for money already turned over to the state is exactly 30% (O.C.G.A. § 44-12-224, as amended July 1, 2024), and Georgia sets no statutory cap while the county still holds the money. In many situations, including Ohio surplus still held by the court after a foreclosure, no specific cap applies, so 30% can be perfectly legal. Legal just doesn't mean necessary.

Where a 30%-range fee is at least defensible: heavily contested claims where lienholders are fighting for the same pot, estates that need probate opened, or funds about to hit a forfeiture deadline. Even then, ask what the fee covers — whether attorney fees, filing fees, and court costs come out of the company's share or yours changes the real price substantially. And remember that contingency fees are negotiable more often than people assume.

Which states cap surplus funds recovery fees?

A minority of states cap what recovery companies — sometimes called "finders" or "asset locators" — may charge. These caps are public law: you can read every one at the official links in the sources below, and we encourage you to. Where a cap exists, any quote above it is your cue to walk away.

What are the fee rules in Ohio, Georgia and Florida?

Ohio has two different pots of money with two different rulebooks. Right after a sheriff's sale, leftover money sits with the Clerk of Courts in your own foreclosure case under R.C. 2329.44, and no Ohio statute we can point to caps recovery fees on that court-held money, which is exactly why you should know the percentage before signing anything. Once funds go unclaimed long enough to reach the state as unclaimed funds, R.C. 169.13 takes over: finder fees capped at 10%, agreements signed within two years of the funds being reported are invalid, the contract must disclose in writing what is being recovered and the net amount you'll receive, the money must be paid directly to you, and finders must hold a registration certificate from the Ohio Department of Commerce.

Georgia's rules depend on who is holding the money. While the county tax commissioner holds tax-sale excess funds (up to five years after the sale), Georgia law sets no fee cap, and counties pay the owner directly. Once unclaimed money is turned over to the Department of Revenue, the rules tighten: since July 1, 2024 (O.C.G.A. § 44-12-224, as amended by SB 103), anyone paid to recover it must register with the state as a Claimant Designated Representative, must use the state's own agreement forms, and may charge no more than 30%. Older articles still quote a 10% cap and a 24-month waiting period; that was the law before 2024. On top of that, county tax commissioners set their own gates: Gwinnett County states it "does not recognize a legal relationship of 'representation' by an asset recovery firm, nor by an individual who has been granted Power of Attorney," and adds: "you are not required to pay, or be represented by, any third party in order to claim excess funds." Chatham County says the same. Claims are accepted only from the owner, or an attorney licensed in Georgia.

Florida writes the protection into the paperwork. If a company takes an assignment of your foreclosure surplus, Fla. Stat. § 45.033 caps its total compensation at 12% of the surplus, and the assignment must state that the owner does not need an attorney or other representative to recover surplus funds in a foreclosure. Once surplus has gone to the state as unclaimed property, Fla. Stat. § 717.135 caps fees at 30%, and only the state's own agreement forms are valid. Tax deed surplus still held by the clerk has no statutory fee cap, so read any percentage carefully.

The practical meaning: in these Georgia counties, a non-attorney company that promises to "file for you" cannot actually do it. And all of this is public information you can verify yourself: read the statutes at the links above, or call the Clerk of Courts (Ohio), Tax Commissioner (Georgia) or Clerk of the Circuit Court (Florida) in the county where your property sold and ask. We encourage it.

What fee red flags mean you should walk away?

Every documented enforcement action in this industry — New Jersey's consumer alerts, Washington's lawsuits, the FTC's warnings — points to the same short list:

• Any money upfront. "Processing," "research," or "document" fees before you're paid are the clearest scam signal there is. The FTC's first rule for money-recovery offers: never pay upfront. A legitimate contingency company earns nothing until you do.
• A fee above your state's cap. More than 10% on covered funds in Georgia, or 5% in Washington, isn't just expensive — it's over the legal limit.
• An assignment of rights, deed transfer, or power of attorney that routes your money through the company. Georgia and Ohio law both require covered recoveries to be paid directly to the owner. If the money touches their account first, you've lost your leverage.
• They won't tell you where the money is held or how much it is. The case number, county, and amount are public record. Withholding them is the company's only leverage — Washington's AG found the firm it sued "omitted any information about the amount of surplus funds available."
• Manufactured urgency. Real deadlines exist — Ohio tax-sale money is permanently forfeited three years after it reaches the county treasury under R.C. 5721.20 — but they're written in statutes you can check. A company that won't give you a week to verify is telling you something.
• A guaranteed dollar figure dangled to hook you. Quoting a specific amount plus "time is running out" is a tactic the FTC flags in unclaimed-money calls.
• A non-attorney offering to file court paperwork — or to file at all in Georgia counties that only accept claims from owners and licensed attorneys.

Can I claim surplus funds myself for free?

Yes — and any honest company will tell you that before asking for a signature. The whole process, which is the same work a recovery company would charge you a percentage for:

1. Confirm the money exists — free. Ohio mortgage foreclosure: call the Clerk of Courts in the county that handled your case and ask whether excess funds were deposited. Ohio tax sale: ask the county treasurer. Georgia tax sale: check the county tax commissioner's excess funds list — Gwinnett and Chatham publish theirs online. Georgia mortgage foreclosure: contact the law firm that conducted the sale, then the superior court if the funds were deposited there.
2. Get the form. In Ohio you file a motion in your original foreclosure case — Franklin County publishes its motion form and process, and Ohio Legal Help offers free foreclosure guidance and form tools. Georgia counties publish excess-funds claim forms; expect to provide ID and proof you owned the property, usually notarized.
3. File it, and attend a hearing if your county requires one. Franklin County, for example, holds hearings in Common Pleas Court.
4. Get paid directly by the court or county. No middleman touches the money.

When is paying for help actually worth it?

The honest answer is: not for every claim — but genuinely for some. The situations where professional help earns its fee are the ones neutral sources, not industry marketing, point to: competing claims, where a second mortgage, HELOC, judgment lien, or HOA gets paid from the surplus before you and disputes go to contested hearings; deceased owners, where heirs usually need probate opened and letters of administration before any county will pay; escheated or aging funds — in Georgia, excess funds unclaimed for five years go to the Department of Revenue and can only be released through an interpleader court order under O.C.G.A. § 48-4-5, which is genuinely not a do-it-yourself project; hard deadlines, like Ohio's permanent three-year forfeiture of tax-sale excess; and out-of-state owners, divorce splits, or bankruptcy overlays.

The math cuts both ways. On a clean single-owner claim, a large contingency fee buys paperwork you could do yourself in an afternoon. On a contested or probate claim, a reasonable fee with a licensed attorney doing the work can be the difference between recovering the money and losing it to a lienholder's motion or the forfeiture clock. Legal aid may also be free if you qualify — Ohio Legal Help is a good starting point.

What does surplus funds recovery cost with Capital Quest Group?

No upfront costs — ever. Attorney fees, filing fees, court costs: all covered by us. You pay nothing unless money is actually recovered. If we recover nothing, you owe nothing.

The fee itself is agreed in writing, before we start, and it depends on the claim — a simple single-owner claim is not priced like a contested estate with three heirs and a lienholder fight. You see the exact terms in plain language before you sign, and the money is disbursed through the court or county — the proper channel — not through our bank account.

Every claim we file is filed by a licensed attorney in Ohio or Georgia — including in the Georgia counties that only accept claims from the owner or an attorney. That isn't a workaround; it's the way those counties themselves say it must be done.

And the concession we make first, every time: you can do all of this yourself for free using the steps above. Take our agreement — or any company's — to your own lawyer or your county office before signing. We encourage it, because we intend to be the option that survives that comparison.

Keep reading

• State guides: Ohio surplus funds, Georgia excess funds, Florida surplus funds
• Got a Letter About Surplus Funds? How to Tell If It's Real
• Is Surplus Funds Recovery Legit? How to Tell the Real Thing From a Scam
• How Long Do I Have to Claim Surplus Funds After Foreclosure?
• Can I Claim Surplus Funds Myself, Without a Lawyer or Recovery Company?