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How to claim foreclosure surplus funds in Oregon

After an Oregon trustee's sale, the trustee pays the sale costs, the foreclosed loan and recorded junior liens in order, and any surplus goes to you as the borrower. In a court foreclosure, the sheriff turns the money over to the court, which orders how it is paid out. Most homeowners have to ask for the money, so act soon after the sale. Surplus after a tax foreclosure is a separate process covered on the tax page.

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Reviewed against Oregon law and official sources on October 12, 2026. General information, not legal advice.

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How to claim surplus funds in Oregon

Who holds the money
Right after the sale
In a trustee's sale, the trustee named in your notice of sale holds the proceeds and pays them out in the order the law sets. In a court foreclosure, the sheriff delivers the net proceeds to the court administrator, and the court enters an order of distribution.
ORS 86.794; ORS 18.950
Ask the trustee in writing
As soon as possible after the sale
Write to the trustee, give your current address, and ask for the sale price, the amount paid to each lienholder, and whether a surplus is left. Keep a copy of your letter.
ORS 86.794
Junior liens are paid before you
Before any payment to the borrower
Recorded liens that came after the foreclosed trust deed, such as a second mortgage or a recorded judgment, are paid in order of priority first. Only what remains goes to you or your successor in interest.
ORS 86.794(3), (4)
In a court foreclosure, ask the court
After the sheriff's return
The court administrator pays money left after costs and the judgment only as the court directs in its order of distribution. You or your lawyer can ask the court in the foreclosure case to direct the balance to you.
ORS 18.950(4)
Unclaimed money and fees for help
If the money is never collected
A holder that cannot pay you may eventually report the money to the State Treasurer, where you can claim it for free at any time. We did not find an Oregon law capping the fee a private surplus finder can charge, so check with the trustee, the court, and the Treasury yourself before signing any fee agreement.
ORS 98.352, 98.392
Surplus after a tax foreclosure
After the county sells or keeps the property
If the county foreclosed for unpaid property taxes, the surplus goes to the State Treasurer and you claim it there. See the Oregon property tax foreclosure page for the steps.
ORS 312.540

What Oregon law says about leftover sale money

Surplus after a mortgage foreclosure sale

After a trustee's sale the trustee pays sale costs, then the foreclosed loan, then recorded junior liens in order. Any surplus goes to the grantor of the trust deed (the borrower) or the borrower's successor. Contact the trustee named in your notice of sale to ask whether there is a surplus. In a court foreclosure the court orders how sale proceeds are distributed.

ORS 86.794; ORS 18.950

Never pay an upfront fee to stop a foreclosure.

Once a foreclosure is public record, strangers will call, text and mail you with offers to “save your home.” Under federal law a company cannot collect a fee for mortgage relief until you have a written offer from your lender that you accept. Never sign over your deed, and never send your mortgage payment to anyone but your servicer. How to spot a foreclosure rescue scam.

Oregon law: Oregon regulates foreclosure consultants. A consultant cannot collect any payment until it has performed every service it promised, cannot take a lien, wage assignment or other security for its fee, cannot take a power of attorney except to get or inspect documents, and cannot acquire an interest in your home. The consultant must give you a copy of the written contract at least 24 hours before you sign it, and you can cancel the contract at any time by written notice. If you cancel, you have 60 days to pay for services already provided in good faith. Lawyers acting for clients and licensed lenders are excluded from the definition. Separate rules cover equity purchasers. (ORS 646A.702 to 646A.720 (cancellation: 646A.710, 646A.715))

Common questions in Oregon

Is there a deadline to claim money held by the Oregon State Treasury?

No. Oregon law lets you file a claim for unclaimed property at any time after it has been reported. If the Treasury does not act on your claim within 120 days, you can ask a court to make it act.

Does an Oregon foreclosure consultant contract cover help getting surplus money?

Oregon's foreclosure consultant law covers services such as stopping a sale or getting a forbearance, but its definition does not list recovering surplus after the sale. Read any fee contract closely, since we found no specific fee limit for surplus recovery.

Who gets the surplus if the Oregon borrower has died?

The trustee pays the surplus to the grantor or the grantor's successor in interest, which usually means the estate. The personal representative or heirs should contact the trustee with probate or small estate papers.

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HUD-approved housing counselors
Free foreclosure prevention counseling from agencies approved by the U.S. Department of Housing and Urban Development. A counselor can review your budget and deal with your servicer alongside you.
(800) 569-4287
CFPB: help for struggling homeowners
Plain-language guides from the Consumer Financial Protection Bureau, and a complaint form if your mortgage servicer is not following the rules.
Legal Services Corporation: find legal aid
Find the free civil legal aid office for your county if you have been served with a foreclosure lawsuit or given a sale date and cannot afford a lawyer.

How to claim foreclosure surplus funds in Oregon

Ask for help in Oregon

How to claim surplus funds in Oregon

Who holds the money

Ask the trustee in writing

Junior liens are paid before you

In a court foreclosure, ask the court

Unclaimed money and fees for help

Surplus after a tax foreclosure

What Oregon law says about leftover sale money

Surplus after a mortgage foreclosure sale

Common questions in Oregon

More on foreclosure in Oregon

Understand the process

Weigh your options

Get help now

Free help anywhere in the country

HUD-approved housing counselors

CFPB: help for struggling homeowners

Legal Services Corporation: find legal aid

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