Alaska at a glance
Checked against the sources cited, 2026-09-19
| Topic | What the law says, and where it says it |
|---|---|
| How foreclosure works here | Alaska allows a trustee under a deed of trust to sell the property at public auction without a court order, after recording a notice of default not less than 90 days before the sale. A lender may instead foreclose through a court action, but a lender who forecloses in court may not also use the out-of-court trustee sale. Alaska Stat. §34.20.070(a)-(b) (sale by trustee); §34.20.080 (public auction); Alaska Stat. §09.45.170 to §09.45.190 (court foreclosure) Show the source textmay execute the trust by sale of the property, upon the conditions and in the manner set forth in the deed of trust, without first securing a decree of foreclosure and order of sale from the court |
| Who holds foreclosure surplus | After a deed of trust sale, the trustee holds the sale proceeds in a trust account and pays them out in a set order: first the foreclosing lender, then holders of recorded interests that were junior to the foreclosed deed of trust in order of priority, and then the borrower (trustor) if still the owner at the time of sale, or otherwise the borrower's successor of record. Alaska Stat. §34.20.080(a), (f) Show the source textAfter delivery of a deed under (b) of this section, the trustee shall distribute any cash proceeds of the sale in the following order to |
| Claim window for foreclosure surplus | Alaska's trustee sale statute does not set a deadline for the former owner to claim leftover sale proceeds. Separately, Alaska's unclaimed property law presumes that intangible property left unclaimed by its owner for more than three years after it becomes payable is abandoned. Alaska Stat. §34.20.080 (no deadline stated); Alaska Stat. §34.45.110(a) (general three-year presumption of abandonment) Show the source texthas remained unclaimed by the owner for more than three years after becoming payable or distributable is presumed abandoned |
| Tax sale excess proceeds | Alaska municipalities collect delinquent property taxes by an annual court foreclosure; unredeemed property is deeded to the borough or city after a redemption period of at least one year, and the municipality may later sell it. If property that the municipality has held for less than 10 years after the redemption period, and never designated for a public purpose, is sold for more than the taxes, penalty, interest and costs, the municipality must mail the former record owner a notice of the excess and pay it on a proper claim. A claim filed more than six months after the date of sale is barred. Alaska Stat. §29.45.480(b); see also §29.45.320, §29.45.400, §29.45.450, §29.45.460 Show the source textA claim for the excess filed after six months of the date of sale is forever barred. |
| Redemption after the sale | After an out-of-court trustee sale under a deed of trust there is no right to redeem unless the deed of trust itself provides one. After a court foreclosure, the property may be redeemed the same way as property sold on execution: before the sale is confirmed, or otherwise only within 12 months from the order confirming the sale. Alaska Stat. §34.20.090(a) (trustee sale); Alaska Stat. §09.45.190 and §09.35.250 (court foreclosure) Show the source textthe party executing the deed of trust or the heirs or assigns of that party have no right or privilege to redeem the property, unless the deed of trust so declares |
| Rules for recovery companies | Alaska's unclaimed property law makes an agreement to pay someone to locate or recover property reported to the state unenforceable if it is made before, or within 24 months after, the property is paid or delivered to the state. After that period an agreement is enforceable only if the fee is no more than 20 percent when the property is worth less than $500 and no more than 10 percent when it is worth $500 or more, and the agreement is in writing, signed by the apparent owner, lasts no more than six months, and states the fees, the nature and value of the property, and the owner's share after the fee. Alaska Stat. §34.45.700 Show the source text10 percent of the value of the property if the value of the property is $500 or more |
How surplus funds arise in Alaska
When a home in Alaska is sold at a foreclosure sale or a tax sale for more than the debt and the costs of the sale, the money left over is surplus funds, also called excess proceeds or overage. It does not belong to the lender or to the buyer. Liens recorded behind the foreclosed debt are paid first, and what remains belongs to the former owner or to the owner's heirs. Read surplus funds explained for the general rules and liens and competing claims for the order of payment.
How a claim moves in Alaska
We confirm the sale figures in the public record, identify which office in Alaska is holding the money, and prepare and file the claim the way that office requires, advancing the costs. Because we bring the whole record with us, the claim does not stall on a missing document, a competing name or a missed date. See how to qualify for what we handle and what you provide. Notices about surplus are usually mailed to the last address on record, which is often the home that was sold, so do not wait for a letter. In Alaska that program is the Alaska Unclaimed Property Program (State of Alaska).
If the owner has died
The right to the money belongs to the estate. Depending on the size of the estate, Alaska law may allow a simplified procedure, or a probate court may need to appoint a personal representative. See estate and heir recovery and probate assistance.
Working with a recovery company in Alaska
Alaska regulates this kind of service. Alaska's unclaimed property law makes an agreement to pay someone to locate or recover property reported to the state unenforceable if it is made before, or within 24 months after, the property is paid or delivered to the state. After that period an agreement is enforceable only if the fee is no more than 20 percent when the property is worth less than $500 and no more than 10 percent when it is worth $500 or more, and the agreement is in writing, signed by the apparent owner, lasts no more than six months, and states the fees, the nature and value of the property, and the owner's share after the fee. (Alaska Stat. §34.45.700)
Any agreement you sign, with us or with anyone else, has to follow that rule.
No out-of-pocket expense. Our only payment is a completion fee taken from the surplus once it is recovered. Where your state requires a licensed attorney for a court or probate filing, a licensed attorney handles it, and you still pay nothing out of pocket. Before you sign with anyone, read what a surplus funds scam looks like.
Questions about surplus funds in Alaska
Enough to prove who you are and how you held the property: identification, the deeds, any notice you received, and, if the owner has died, the estate paperwork. We do the rest for Alaska, from locating the funds to filing the claim.
After a deed of trust sale, the trustee holds the sale proceeds in a trust account and pays them out in a set order: first the foreclosing lender, then holders of recorded interests that were junior to the foreclosed deed of trust in order of priority, and then the borrower (trustor) if still the owner at the time of sale, or otherwise the borrower's successor of record.
No out-of-pocket expense. We advance the costs and are paid a completion fee from the surplus only after it is recovered. Where a court or probate filing requires a licensed attorney, a licensed attorney handles it.