You can claim it yourself, for free

Checklist: Massachusetts, money left over after a foreclosure sale

Who holds it: The mortgage holder (lender) that sold the property under the mortgage's power of sale

How long: Not researched yet — ask the clerk

How you claim: Ask the lender for the surplus. Within 60 days after it receives the sale money, it must send you an itemized accounting that shows any surplus due to you. Unless the mortgage says otherwise, the surplus goes to the borrower or the borrower's heirs or assigns.

Your deadline: ____________ (confirm it with the clerk)

Steps

1. Find the lender or servicer and its foreclosure attorney on the sale notices
2. Get the itemized accounting of the sale proceeds (due within 60 days after the lender receives the funds)
3. Send the lender a written request for the surplus with proof you are the borrower, heir or assign

Documents

• Proof you are the mortgagor or an heir/assign
• Copy of the lender's itemized accounting

What it costs you

Not researched yet — ask the clerk

If someone offers to do it for you

• Fee limits: Not researched yet — ask the clerk.
• Any deal must be in writing.
• You never need to pay anyone to file.

Official links

• M.G.L. c. 183, § 27: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183/Section27