Surplus funds in Vermont: 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.
Superior Court confirmation order pays surplus to junior lienholders then the defendant mortgagor (12 V.S.A. § 4954(c)). Strict foreclosure (no sale) produces no surplus.
§ 4954(c): expenses, plaintiff, other defendants, then mortgagor. No pre-escheat fee cap or assignment bar found. Strict foreclosure (§ 4941) only if no substantial excess value — sale surplus is thin.
Tax sale overages
Yes — we recover this here.
Town tax collector/treasurer conducts the sale (32 V.S.A. § 5254). No statute distributes private-bidder surplus; Bogie (1970) requires return when the town is the purchaser.
Deadline: 1-yr redemption (§ 5260) is not a surplus-claim window; no surplus-claim deadline found.
Act 106 (2024) working group (2025) recommended a recoup-equity process but enacted none. Tyler gap remains for private-bidder sales. No assignment bar or fee cap in Title 32. LienSuite 'no assignment' not in statute.
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: Court-held surplus abandoned after 1 year (27 V.S.A. § 1461(9)); then 24-mo finder bar + 10% cap + no assignment of UP rights (§§ 1602, 1604).
Cars, boats & RVs in Vermont: 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://legislature.vermont.gov/statutes/section/12/172/04954 · https://legislature.vermont.gov/statutes/fullchapter/12/172
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