Pennsylvania 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 | Pennsylvania mortgage foreclosures go through the courts. The lender files an action to foreclose the mortgage under the Pennsylvania Rules of Civil Procedure, and a foreclosure judgment is enforced by a writ of execution and a sheriff's sale of the property. Pa.R.C.P. 1141(a); Pa.R.C.P. 3180(a), 3181(a) Show the source textmeans an action to foreclose a mortgage upon any estate, leasehold or interest in land |
| Who holds foreclosure surplus | After a sheriff's sale, the sheriff holds the sale proceeds. Within 30 days after a sale of real property the sheriff must file a schedule of proposed distribution with the prothonotary (the court clerk), and the sheriff then pays out the proceeds according to that schedule unless written exceptions are filed with the sheriff within 10 days, in which case the court decides. The court may also order the proceeds paid into court until distribution. Pa.R.C.P. 3136(a), (d)-(g) Show the source textThe sheriff shall distribute the proceeds of sale in accordance with the proposed schedule of distribution, unless written exceptions are filed with the sheriff not later than ten (10) days after the filing of the proposed schedule. |
| Claim window for foreclosure surplus | Written exceptions to the sheriff's proposed distribution must be filed within 10 days after the schedule is filed. The rules we read set no separate deadline for a former owner to collect money left over, but under Pennsylvania's unclaimed property law, property held for an owner by a court or public officer that stays unclaimed for more than three years from the date it first became demandable or distributable is presumed abandoned and must be reported and paid over to the State Treasurer, where the owner can file a claim. 72 P.S. §1301.9(1); 72 P.S. §§1301.11(a), 1301.13(a), 1301.19(a); Pa.R.C.P. 3136(d) Show the source textor by a public officer or political subdivision thereof, unclaimed by the owner for more than three (3) years from the date it first became demandable or distributable |
| Tax sale excess proceeds | In most Pennsylvania counties the county tax claim bureau sells tax-delinquent property under the Real Estate Tax Sale Law (an upset sale, then a judicial sale or the repository if it does not sell), the buyer receives a deed, and there is no redemption after the actual sale. The bureau pays out the sale money in a fixed order that ends with the owner of the property, after the court confirms the distribution. If no claim for the owner's balance is presented by or for the owner within three years of the date of the sale, the balance is distributed to the taxing districts. Cities of the first class, second class and second class A are outside this law; tax sales there are sheriff's sales under the Municipal Claim and Tax Lien Law. 72 P.S. §5860.205(d)-(f); 72 P.S. §5860.501(c); see also 53 P.S. §7293 Show the source textis presented by or on behalf of the owner within a period of three (3) years of the date of the sale, the balance of the proceeds shall be distributed to the respective taxing districts |
| Redemption after the sale | We found no Pennsylvania statute or court rule that gives a former owner a right to redeem after a mortgage foreclosure sheriff's sale; before the sheriff's deed is delivered, a party in interest may petition the court to set the sale aside for proper cause. A different law covers sheriff's sales for tax or municipal claims: there the owner may redeem within nine months from the acknowledgment of the sheriff's deed (three months in a city or county of the second class), and vacant property cannot be redeemed. 53 P.S. §7293(a), (c); Pa.R.C.P. 3132, 3135(a); 72 P.S. §5860.501(c) Show the source textThe owner of any property sold under a tax or municipal claim, or his assignees, or any party whose lien or estate has been discharged thereby, may, except as provided in subsection (c) of this section, redeem the same |
| Rules for recovery companies | Under Pennsylvania's unclaimed property law, an agreement or power of attorney to recover abandoned and unclaimed property is valid and enforceable only if it is in writing, signed and acknowledged by the owner, states a fee of no more than 15 percent of the property's value, discloses the nature and value of the property and the holder's name and address, identifies the finder, and lists the finder's certificate of registration number. A person may not be paid to locate or recover unclaimed property for someone else without a certificate of registration from the State Treasurer; the statute excepts a person admitted to practice law. The Pennsylvania Treasury states that its finder registration covers only property held by the Treasury Department, not foreclosure or sheriff sale money held at the county level, and that it pays unclaimed property claims directly to claimants and not to finders. 72 P.S. §1301.11(g), (i), (j); 72 P.S. §1301.11a(a); Pennsylvania Treasury, Finders FAQs Show the source textclearly state the fee or compensation to be paid, which shall not exceed fifteen per centum of the value of the abandoned and unclaimed property |
How surplus funds arise in Pennsylvania
When a home in Pennsylvania 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 Pennsylvania
We confirm the sale figures in the public record, identify which office in Pennsylvania 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 Pennsylvania that program is the Pennsylvania Treasury Department, Bureau of Unclaimed Property.
If the owner has died
The right to the money belongs to the estate. Depending on the size of the estate, Pennsylvania 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 Pennsylvania
Pennsylvania regulates this kind of service. Under Pennsylvania's unclaimed property law, an agreement or power of attorney to recover abandoned and unclaimed property is valid and enforceable only if it is in writing, signed and acknowledged by the owner, states a fee of no more than 15 percent of the property's value, discloses the nature and value of the property and the holder's name and address, identifies the finder, and lists the finder's certificate of registration number. A person may not be paid to locate or recover unclaimed property for someone else without a certificate of registration from the State Treasurer; the statute excepts a person admitted to practice law. The Pennsylvania Treasury states that its finder registration covers only property held by the Treasury Department, not foreclosure or sheriff sale money held at the county level, and that it pays unclaimed property claims directly to claimants and not to finders. (72 P.S. §1301.11(g), (i), (j); 72 P.S. §1301.11a(a); Pennsylvania Treasury, Finders FAQs)
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 Pennsylvania
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 Pennsylvania, from locating the funds to filing the claim.
After a sheriff's sale, the sheriff holds the sale proceeds. Within 30 days after a sale of real property the sheriff must file a schedule of proposed distribution with the prothonotary (the court clerk), and the sheriff then pays out the proceeds according to that schedule unless written exceptions are filed with the sheriff within 10 days, in which case the court decides. The court may also order the proceeds paid into court until distribution.
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.