Surplus funds in Rhode Island: 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.
Power-of-sale: mortgagee accounts and pays surplus to mortgagor (34-11-22). Disputes → Superior Court interpleader/equity accounting.
Deadline: No statutory surplus-claim deadline found; duty to account arises at sale (O'Brien v. Slefkin).
Dual track; non-judicial dominates. No pre-escheat fee cap or assignment bar found. 34-27-4 is notice, not surplus. Common-law junior-lien priority on surplus.
Tax sale overages
Yes — we recover this here.
Surplus statute applies only to treasurer sale without foreclosure (44-9-36/37): deposit with city/town treasurer; demand by person entitled.
Deadline: Demand within 5 years or surplus enures to the city or town (44-9-37).
Typical tax-title sale + petition to foreclose redemption does not generate 44-9-37 surplus (NCLC). No 2024–26 Tyler reform enacted; S2713 (2026) pending. RIHousing Madeline Walker sales have a 90-day claim (44-9-8.3).
Courtroom requirement: Process here varies enough that we route files through counsel review — included in the same contingency deal.
If nobody claims it: 44-9-36 tax surplus: 5 yrs with treasurer then enures to city/town (44-9-37). Mortgage leftover → UP. Then 24-mo void + 10% (33-21.1-35).
Cars, boats & RVs in Rhode Island: 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://webserver.rilegislature.gov/Statutes/TITLE34/34-11/34-11-22.htm · https://webserver.rilegislature.gov/Statutes/TITLE44/44-9/44-9-36.htm
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