Embarking on the journey through foreclosure becomes more manageable when armed with knowledge. In this article, we not only explore a variety of educational resources for homeowners facing foreclosure but also introduce state-specific laws and official websites to empower individuals with information tailored to their needs.

STATE	TAX OVERAGE STATUTE	MORTGAGE OVERAGE STATUTE	NOTES
Alabama	Title 40-10-28	N/A
Alaska	29.45.480	09.45.380 & 09.45.400	Tax overages must get claim filed within 6 months of tax sale date.
Arizona	N/A	33-812	NO tax overages.
Arkansas	26-37-205	18-50-109
California	4675	2924k	Funds will not be distributed until at least 12 months has passed from the date of tax sale, but must submit claim before the 12 months is up. Mortgage overages have a statute for “Mortgage Foreclosure Consultants”. This applies to those who help homeowner recover proceeds. Read the statute here: Mortgage Consultant Statute.
Colorado	N/A	2016 Bill with statute	No tax overages. For mortgage overages you cannot go after funds after 30 months following the foreclosure sale. Then it is capped at 20% fee limit and 30% if funds are with the state for more than 3 years.
Connecticut	12-157	Chapter 846 Section 49-27	You have 90 days following tax sale to submit claim then the funds go to state.
Delaware	Title 9 Chapter 87, 8779	Title 10 Chapter 49 Subchapter XI 5067
District of Columbia	47-1307	Title 42 Chapter 8	Nothing about surplus funds in the mortgage statute.
Florida	197.582	45.032 & 45.033	Tax sale statute states funds are to be disbursed under the unclaimed property statute 717.
Georgia	48-4-5 & 48-4-81	44-14-190	Use attorney to get around dealing with counties not friendly to third-parties.
Hawaii	246-63	667-3 & 31	Once in states possession cannot claim the funds until 2 years have gone by then you can recover.
Idaho	31–808	45-1507	For tax overages, county should send out notice within 30 days of sale. Then a claim must be filed within 60 days from when notice went out. County will then send monies to the state. Once funds are at state you must wait 2 years before acting as a finder (14-536).
Illinois	N/A, see 21-215	735 ILCS 5/15-1512	Here is a page outlining the mortgage overage process. No tax overages in Illinois.
Indiana	IC 6-1.1-24-6.4	IC 32-30-10-14
Iowa	N/A	654.7	Overage known as “overplus”.
Kansas	79-2803	58-213
Kentucky	N/A	426.5
Louisiana	N/A, see 47:2211	Civil Code of Procedure 2373	Mortgage overages are handled by Sheriff.
Maine	Title 36, 949 & 992?	Title 14, Part 7, Chapter 713, Subchapter 3, 6203-A (public sale)	Tax overages are now allowed due to new law implemented in 2023.
Maryland	14-18	14-305-306	Tax lien state, so remember overage is not created until the lien is foreclosed upon. For mortgage overages be aware there is a foreclosure consultant statutue (real property, title 7 subtitle 3) do not use assignments in MD when working mortgage overage cases.
Massachusetts	Chapter 60 Section 28	Chapter 183 Section 27
Michigan	N/A, county keeps it, 211.56.78,	600.3252	Possibility the state could be opened up for tax overages within the next couple years.
Minnesota	N/A	580.1
Mississippi	Title 27 Chapter 41	Title 89 Chapter 1	Could not find anywhere in statute that addressed mortgage overages. For tax overages, you have 2 years from end of redemption period to submit a claim for excess funds.
Missouri	Chapter 140.230	Statute 443	No info on mortgage overages; however, most common foreclosure practice is non-judicial so the funds will either be in possession of the trustee who conducted sale or deposited with the court. 140.230 may also applied to mortgage overages as it states “other debt”this could include a mortgage. Funds will be available for distribution 90 days after the redemption period for a maximum of three years or funds go to the county school fund.
Montana	SB253	71-7-225 & 71-1-316	Montana was a state that didn’t have tax overages before, now it will thanks to Senate Bill 253 passed in 2019. You have 120 days to submit a claim from the date the notice is sent out. Same with lienholders. After 120 days lienholder claims are barred. Unclaimed property after 5 years. For mortgage overages notice of surplus may be filed with recorder and funds deposited into court.
Nebraska	N/A	76-1011 & 25-1540 (for Sheriff sales)	Based on the bidding procedure in Nebraska. It appears there are no tax overages; however, it is confusing as there is a section addressing surplus funds from tax overages once the lien is foreclosed on 77-1910 & 1915.
Nevada	NRS 361.610	NRS 40.462-463	For tax overages statute lists a fee limit of 10% and you must submit claim within 1 year of sale. For mortgage overages lists a max fee of $2,500.
New Hampshire	Title V, Chapter 80:88	Section 479: 22-23	Not much info on mortgage overages. New Hampshire can use tax lien and tax deed process to collect delinquent process. So know if the redemption period has passed or lien has been foreclosed on. Otherwise you’re just dealing with potential overages.
New Jersey	N/A, tite 54	2A:50-37	NJ tax lien sales use a bid down system of the interest rate so overages are not usually created. Mortgage overages go into court system.
New Mexico	7-38-71	48-10-15	Tax overages go to state after 2 years
New York	1194	1354, 1361, & 1362	New York is tough in regards to tax overages as different municipalities may be able to set their own rules and regulations so the process to recover may vary from county to county. Focus on higher population areas.
North Carolina	105-374(q)	45-21.31	$1,000 cap on fees (see Unclaimed Property Packet).
North Dakota	N/A, county keeps it, 57-28-20	32-10-10	No tax overages. Mortgage overages are handled by courts and are invested if no claim received within 90 days.
Ohio	5721.2	2329.44	For mortgage overages you have 90 days to submit claim or funds are sent to state and your subject. For tax overages you have 3 years.
Oklahoma	68-3131	Title 15 765 & 773 & 46-48	Have 1 year from date of sale to claim funds for tax overages then forfeited to county. Cannot use assignments for tax overages according to statute.
Oregon	N/A	86.794	No tax overages.
Pennsylvania	PA ST 72 P.S. § 5971m & 5891-5895	Rule 3136	May only be able to go after tax overages between years 2-5. For mortgage overages, Sheriff must file report within 30 days of sale; waits 10 days for objections; distributes proceeds after 10 days if no objections; sends proceeds to court if objections made.
Rhode Island	44-9-37	34-11-22	Tax overages the funds are held for 5 years from date of tax sale.
South Carolina	12-51-130	29-3-650	Mortgage overages statute talks about lienholders getting surplus back but not homeowner, funds mostly likely held by court though. For tax overages you have 5 years from date of tax sale to claim the overage.
South Dakota	10/22/2027	State Code 21-48-16	For tax overages you have 1 year to claim until it goes into county general fund. For mortgage overages if the money sits in court for three months then clerk can invest money into a CD account at a local bank.
Tennessee	Title 67	Title 35	Not much info on mortgage overages however it appears funds would be distributed by trustee not the court. Unclaimed funds with state and you must be a licensed private investigator and can only charge 10% (see here).
Texas	34.02-04	70.007	Have 2 years to claim for both mortgage overages and tax overages.
Utah	59-2-1351.1	57-1-29	For mortgage overages once a claim is submitted all other parties have 60 days to respond. For tax overages if at state level must wait 24 month before you can pursue the funds.
Vermont	Tite 32 Chapter 133, 5061	Vt. Rules Civ. P.80.1(j)(1).	Tax overages and mortgage overages are disposed of in the same manner per tax overages statute.
Virginia	58.1-3967	55-59.4 also 8.9A-608	For tax overages have 2 years to submit a claim before funds are forefeit to county. For mortgage overages trustee may disburse funds.
Washington	RCW 84.64.080(10)	RCW 61.24.080
West Virginia	11A-3-10	38-1-7 & 8	Tax overages have 2 years to claim from date of redemption.
Wisconsin	N/A 75.521(14a)	846.08 & .10(3)	No tax overages in Wisconsin currently. Mortgage overages are held with court.
Wyoming	39-13-108(IV)	34-4-113	Tax overages claims must be filed within 2 yrs from date of sale or the county gets to keep funds.

Conclusion:

Choosing My Foreclosure Solution as your partner in financial recovery means gaining access to a wealth of information on tax and mortgage overages. Our commitment to transparency is reflected in this comprehensive guide, providing you with the tools to navigate the intricacies of overages. By exploring state-specific laws and official websites, you empower yourself with the knowledge needed to make informed decisions. We’re committed to not only guide you through the foreclosure recovery process but also to serve as a valuable resource hub.