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Surplus rules · ALRestricted Verified against statute

Surplus funds in Alabama: the rules, straight.

State law tightly limits (or bars) contingency recovery here, so intake is case-by-case with counsel review first.

Foreclosure / mortgage surplus

Legal — no statutory fee cap found pre-escheat.

How the claim moves

Mortgagee holds (common law); demand.

Tax sale overages

State law bars standard contingency recovery on this stream — attorney-only or no lawful lane.

How the claim moves

County commission (§ 40-10-28) — excess paid ONLY on proof of redemption.

Structural bar: the owner must redeem to touch the overage. Not a contingency lane.

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: 3 yrs → county; 10-year redemption tail.

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.

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