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How to claim foreclosure surplus funds in Washington

After a Washington trustee sale, the trustee must deposit any surplus with the superior court clerk in the county where the sale took place and mail notice to you. Liens wiped out by the sale are paid from the surplus in priority order. To get your share, you file a motion for disbursement in that superior court, and the clerk pays only on a court order.

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

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How to claim surplus funds in Washington

  1. Trustee deposits the surplus with the clerk

    After the trustee sale

    The trustee pays sale costs and the foreclosed loan, then deposits the rest, less the clerk's filing fee, with the superior court clerk. The trustee must mail notice of the surplus, the notice of sale and an affidavit of mailing to everyone who got the notice of sale.

    RCW 61.24.080(3)

  2. Find the deposit under your name

    Soon after the sale

    The clerk indexes the money under the grantor's name as it appears in the recorded notice. Call the superior court clerk in the county of the sale and ask about funds deposited under your name.

    RCW 61.24.080(3)

  3. File a motion for disbursement

    At least 20 days before the hearing

    File a motion in that superior court asking for the surplus. Serve or mail notice to everyone the trustee notified and anyone who has appeared, not less than 20 days before the hearing. The clerk will not pay out without a court order.

    RCW 61.24.080(3)

  4. Junior liens come first

    At the hearing

    Interests and liens that the sale wiped out attach to the surplus in the same priority they had on the property, as the court decides. A second mortgage or judgment lien can be paid before you, so bring proof if a lien was paid or is not valid.

    RCW 61.24.080(3)

  5. Money left unclaimed

    One year after it becomes payable

    Washington's unclaimed property law treats property held by a court as presumed abandoned one year after it becomes distributable, and such money is reported to the Department of Revenue. Search ucp.dor.wa.gov if you cannot find your money at the clerk's office.

    RCW 63.30.040(9)

  6. Fee cap for surplus recovery companies

    Before you sign anything

    No one may charge more than 5 percent of the surplus returned to you, plus attorney fees a court approves, and breaking this rule is a crime. If the money has gone to unclaimed property, a locator fee above 5 percent is also unenforceable. You can file the motion yourself.

    RCW 61.24.135(3); RCW 63.30.790(2)

  7. Surplus after a tax foreclosure

    Excess from a county tax foreclosure auction is held by the county treasurer, not the court, and has a three-year claim deadline. See the Washington property tax foreclosure page.

    RCW 84.64.080(10)

What Washington law says about leftover sale money

Surplus after a mortgage foreclosure sale

After paying sale costs and the foreclosed loan, the trustee must deposit any surplus, less the clerk's filing fee, with the clerk of the superior court in the county where the sale took place, and mail notice of the surplus to everyone who was sent the notice of sale. Liens wiped out by the sale attach to the surplus in their order of priority. To get the money, you file a motion for disbursement in that superior court and give notice to the other parties.

RCW 61.24.080(3)

Common questions in Washington

Do I need a lawyer to get Washington foreclosure surplus out of court?

No, you can file the motion for disbursement yourself, but you must give proper notice to the other parties at least 20 days before the hearing (RCW 61.24.080(3)). If a junior lienholder disputes your share, free legal aid or a lawyer can help. Any fee contract for recovering the surplus must include a homeowner notice set out in RCW 61.24.135(4).

Does the Washington surplus fee cap apply to money already sent to unclaimed property?

Yes, a separate rule applies there. An agreement to locate or recover property held by the state that charges more than 5 percent of the value expected to be recovered is unenforceable (RCW 63.30.790(2)). Agreements with an attorney to pursue a specific claim are treated differently.

What if the Washington trustee never told me about a surplus?

The trustee must mail notice of any surplus to everyone who was sent the notice of sale (RCW 61.24.080(3)). If you moved or never got it, ask the superior court clerk in the county of the sale whether funds were deposited under your name. Then file your motion.

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Also in Washington

Property tax foreclosure Claim surplus funds (this page)

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Sources for this page

  1. RCW 84.56.020 (due dates, interest, penalties, payment agreements)
  2. RCW 84.64.050 (certificate of delinquency, foreclosure notice)
  3. RCW 84.64.060 (payment by interested person before sale)
  4. RCW 84.64.070 (redemption before day of sale)
  5. RCW 84.64.080 (judgment, sale, excess proceeds, tax deed)
  6. RCW 84.38.030 (senior and disabled tax deferral)
  7. RCW 61.24.135 (surplus recovery fee cap)
  8. Chapter 63.30 RCW: Uniform Unclaimed Property Act (63.30.040, 63.30.780, 63.30.790)
  9. Island County Treasurer: Foreclosure Surplus Funds
  10. Washington Unclaimed Property search
  11. Chapter 61.24 RCW: Deeds of Trust
  12. RCW 61.24.031 (notice of default; beneficiary's duties; borrower's options)
  13. RCW 61.24.040 (foreclosure and sale; notice of sale)
  14. RCW 61.24.090 (curing defaults before sale)
  15. RCW 61.24.100 (deficiency judgments)
  16. RCW 61.24.163 (foreclosure mediation program)
  17. RCW 61.24.080 (disposition of proceeds of sale; surplus funds)
  18. RCW 6.23.020 (time for redemption from purchaser)
  19. Chapter 61.34 RCW: Distressed Property Conveyances
  20. Washington Department of Commerce: Foreclosure Fairness Program
  21. Washington Homeowner Assistance Fund
  22. RCW 61.24.165 (application of RCW 61.24.163)
  23. RCW 61.24.166 (federally insured depository institutions; exemption)