Surplus funds in Alabama: the rules, straight.
We recover foreclosure surplus, tax sale overages, and vehicle/boat/RV repossession surplus here.
Foreclosure / mortgage surplus
Yes — we recover this here.
Mortgagee holds (common law); demand.
Tax sale overages
Yes — we recover this here.
County holds excess bid (§ 40-10-28). Act 2024-261 (b)(3): from 3 to 10 years after a 2016+ sale the owner collects WITHOUT redeeming by recording a release and waiver with the probate judge; the county commission orders payment to the owner.
Deadline: 10 years after the sale, then the county keeps it. 2017 sales expire mid-2027.
No fee cap. No county posts an excess list — records requests must be signed by an Alabama resident (§ 36-12-40), so local counsel runs intake. Lien-auction counties produce no excess.
Courtroom requirement: Process here varies enough that we route files through counsel review — included in the same contingency deal.
If nobody claims it: Excess bid: claimable without redemption 3–10 yrs after a 2016+ sale (Act 2024-261), then the county keeps it.
Cars, boats & RVs in Alabama: Vehicle/boat/RV repo surplus: UCC § 9-615(d) obliges the LENDER to return the surplus; § 9-616 explanation on request; § 9-625(c)(2) statutory damages for noncompliance. Demand-letter work against the secured party — no county, no state surplus-fee cap in this table.
This page summarizes public statutes for general information — it is not legal advice, rules change, and unverified items are confirmed by our desk (and counsel where needed) before any agreement is papered. Primary source: https://treasury.alabama.gov/alabama-treasury-law/unclaimed-property-law/ · https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2026RS/HB104-enr.pdf
Nearby rulebooks
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