Surplus funds in Delaware: 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.
Sheriff must render surplus to owner at sale (10 Del C 5067); unclaimed goes to Prothonotary. Claim by Project Rightful Owner petition (e-file, title search, Rule 4 service).
Deadline: NCC practice: contact sheriff within ~90 days; then court-held with no statutory extinguishment found.
No pre-escheat fee cap or assignment bar found. Petition typically needs local counsel. Court has disbursed $6M+ via published county lists. $75 e-file fee waived if ≤$1,000.
Tax sale overages
Yes — we recover this here.
Monition sheriff sale (all counties), 60-day redeem +15% (9 Del C 8729). Kent/Sussex Subch. IV: pay owner at once or bank the excess (9 Del C 8779). Unclaimed sheriff overage → PRO.
Already returned surplus; no Tyler rewrite found. Monition Subch. II has no standalone surplus section; practice routes unclaimed sheriff overage to Project Rightful Owner. No fee cap found.
Courtroom requirement: Claims here move by court motion. Licensed local attorneys on our bench handle the courtroom work inside the same contingency deal — you never pay hourly legal bills.
If nobody claims it: Sheriff surplus sits with Prothonotary (Project Rightful Owner); no hard extinguishment found. Kent/Sussex tax leftover banked (9 Del C 8779). Post-escheat 24-mo void + 1187(c) $1k/10%.
Cars, boats & RVs in Delaware: 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://delcode.delaware.gov/title10/c049/sc11/index.html · https://delcode.delaware.gov/title9/c087/sc04/index.html
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