Step 1: Verify if They Are Required to Disclose Information
Trustees and foreclosure courts are usually required to disclose surplus funds availability and priority of claims.
Check the foreclosure laws in that county/state—some jurisdictions require the trustee to provide surplus breakdowns.
Some trustees may only disclose information to an interested party (e.g., previous owner, heirs, lienholders, or authorized representatives).
Solution: If you are representing a claimant (e.g., previous owner), get a notarized authorization letter allowing you to request information on their behalf.
Step 2: Escalate with the County Clerk or Foreclosure Court
If the trustee ignores or refuses your request, contact the County Clerk’s Office or Foreclosure Court and ask:
"Is there a court record showing surplus funds?"
"Has the trustee filed a Surplus Funds Report with the court?"
"Are there any motions or filings related to surplus distribution?"
Solution
If the trustee is court-appointed, the county may already have a record of surplus funds and lienholders.
Some counties allow public surplus fund searches online—ask if this option is available.
Step 3: File a Public Records Request (FOIA)
If surplus funds are considered public record, you can file a Freedom of Information Act (FOIA) request with the county or agency responsible for the funds.
Many states have open records laws that require foreclosure records to be publicly accessible.
Solution
Submit a formal public records request via email or certified mail to the county foreclosure department.
Some counties charge a small fee for processing requests.
Step 4: File a Motion with the Court
If the trustee is withholding information, you can file a motion with the foreclosure court to request disclosure of surplus funds.
Some states require a court order for trustees to release funds, so this step may be necessary anyway.
Steps to File a Motion:
Obtain the foreclosure case number from the county.
File a Motion for Surplus Funds Disclosure in the court handling the foreclosure.
The court will schedule a hearing or issue an order for the trustee to provide the breakdown.
Step 5: Send a Certified Demand Letter to the Trustee
If the trustee is ignoring your requests, send a formal demand letter via certified mail.
Sample Demand Letter:
[Your Name]
[Your Address]
[City, State, ZIP]
[Your Phone Number]
[Your Email]
[Date]
To: [Trustee Name or Foreclosure Attorney]
[Trustee’s Address]
Subject: Formal Request for Surplus Funds Information – Case #[Foreclosure Case Number]
Dear [Trustee’s Name],
I am formally requesting information regarding the surplus funds from the foreclosure sale of [Property Address] that took place on [Sale Date] in [County Name].
I understand that surplus funds are typically distributed according to lien priority, and I am seeking confirmation on the amount available, any outstanding claims, and the procedures required to submit a claim.
Per [State Foreclosure Law or County Rules], surplus funds are subject to public record, and as an interested party, I have the right to request this information. If this information is not provided within [reasonable timeframe, e.g., 10 business days], I may be required to escalate this matter through the county court system.
Please provide the requested information or instructions on how I can obtain it. I appreciate your cooperation.
Sincerely,
[Your Name]
[Your Company Name (if applicable)]
Step 6: Report the Trustee for Non-Compliance
If the trustee fails to comply, you can file a complaint with:
The State Bar Association (if they are an attorney handling the surplus).The State Department of Financial Institutions (if they are a licensed trustee).The County Court (if the trustee is court-appointed).
How to File a Complaint:
Contact the appropriate agency’s website and file a formal complaint for non-disclosure.
Many state bar associations discipline foreclosure attorneys who refuse to release required information.
Final Steps
If the Trustee Won't Cooperate:Check County Records for any surplus report.File a FOIA/Public Records Request with the county.Submit a Motion in Court to force disclosure.Send a Certified Demand Letter to put legal pressure.File a Complaint against the trustee for non-compliance.