Surplus funds in Wisconsin: 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/referee deposits proceeds with clerk (846.16); party files surplus notice; court hearing on 8-day notice (846.162).
Judicial. 846.16/846.162. No pre-escheat fee cap or assignment bar found. Owner as party may claim. Notice/hearing is court practice—local counsel.
Tax sale overages
Yes — we recover this here.
County treasurer mails net tax-deed resale proceeds to former owner at tax-bill address (75.36(2m),(3)(c)). Unclaimed 1 yr → 59.66(2).
Deadline: Claim 59.66(2) funds within 10 yrs of treasurer possession or county keeps (59.66(2)(b)).
2023 Act 207 (eff. 3/24/2024) requires advertise/sell tax-deeded land (75.35/75.69) and remit remainder. Tyler-compliant. No fee cap found. Redemption is pre-deed, not a surplus prerequisite.
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: Known clerk/tax surplus: 1-yr unclaimed → 59.66(2) treasurer; claimable 10 yrs then county keeps. Unknown-owner clerk funds: 4+1 yrs + 90-day notice, then general fund, claims barred (59.66(1)(c)2).
Cars, boats & RVs in Wisconsin: 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://docs.legis.wisconsin.gov/statutes/statutes/846/162 · https://docs.legis.wisconsin.gov/statutes/statutes/846/16
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