Surplus funds in Massachusetts: 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 power-of-sale surplus; must account and pay mortgagor/heirs/assigns within 60 days (c.183 §27). Unpaid excess via civil action (c.244 §36).
G.L. c.183 §27; c.244 §14 (POS), §36. No pre-escheat fee cap or assignment bar found. Lender-held; no public surplus lists. 60-day itemized accounting.
Tax sale overages
Yes — we recover this here.
After Land Court foreclosure of redemption, city/tax-title holder elects retain or sell (c.60 §64A). Excess equity escrowed; written claim to collector if identities unknown.
Deadline: Claim ≤18 mo after notice if identities unknown; unclaimed 19 mo after sale/appraisal → c.200A. Superior Court disputes ≤12 mo after accounting.
Tyler reform: c.60 §64A (2024–25). Excess equity = value above taxes/fees/sale costs. No pre-escheat fee cap found. Retroactive 5/25/2021–effective-date window was 12 mo (largely closed).
Courtroom requirement: Process here varies enough that we route files through counsel review — included in the same contingency deal.
If nobody claims it: Tax excess unclaimed 19 mo after sale/appraisal → c.200A (c.60 §64A(e)). Mortgagee-held: no fixed clock. Post-escheat: 24-mo void + 10% (c.200A §13).
Cars, boats & RVs in Massachusetts: 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://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183/Section27 · https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIII/Chapter244/Section36
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