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After a foreclosure sale

Surplus money, redemption, deficiency and move-out.

The Constitution

U.S. ConstitutionVerified Sep 23, 2026

The government cannot keep your home equity beyond the tax debt

U.S. Const. amend. VTakings Clause

If your home is taken or sold to pay property taxes, the government may collect what you owe, but it may not keep the extra value. Keeping the surplus is a "taking" of your property without just compensation, which the Fifth Amendment forbids (Tyler v. Hennepin County, 2023). You may be able to claim the surplus, but you usually must follow your state's claim process and deadlines.

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Federal law

Federal lawVerified Sep 23, 2026

After a discharge, creditors cannot collect the wiped-out debt from you

11 U.S.C. § 524(a)(2)

A bankruptcy discharge wipes out your personal liability for most debts in the case. After that, the law forbids creditors from suing, calling or otherwise trying to collect a discharged debt from you personally. A court can hold a creditor in contempt if there was no fair doubt that its conduct was barred.

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Federal lawVerified Sep 23, 2026

Renters get at least 90 days' notice after a foreclosure

12 U.S.C. § 5220 note(Pub. L. 111-22, div. A, § 702(a)–(b))

If you rent a home that goes through foreclosure, the new owner must give you a notice to move at least 90 days before you have to leave. If you have a real (bona fide) lease signed before the foreclosure notice, you can usually stay until the lease ends. The exception is when the new owner will live in the home; even then you still get the 90 days' notice.

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State laws

Alabama

State lawVerified Sep 23, 2026

Right to redeem after a foreclosure sale — one year, or 180 days for some homes

Ala. Code § 6-5-248(b), (h)

Alabama lets you redeem (buy back) your home after a foreclosure sale. The period is generally one year from the sale. For some homestead loans made in 2016 or later, it is 180 days if the lender gave the required notice. You must give up possession within 10 days of a written demand, or you can lose the right.

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Arizona

State lawVerified Sep 23, 2026

No deficiency after a trustee sale of a small home; fair-value limits otherwise

Ariz. Rev. Stat. § 33-814(A), (G)

If your Arizona home is a one- or two-family dwelling on 2.5 acres or less and it is sold at a trustee sale, the lender cannot sue you for the rest of the debt. In other cases the lender must sue within 90 days, and the deficiency is limited by the home’s fair market value.

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State lawVerified Sep 23, 2026

Right to surplus money after a trustee sale

Ariz. Rev. Stat. § 33-812(A)

If an Arizona trustee sale brings in more than the costs, the loan and junior liens, the rest must be paid to the trustor (the former owner). If you sold the home before the sale, it goes to the owner of record at the time of sale.

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California

State lawVerified Sep 23, 2026

Protection from owing more after a trustee sale (anti-deficiency)

Cal. Code Civ. Proc. § 580d(a)

After a nonjudicial trustee sale in California, the lender cannot collect the difference between the sale price and what you owed. Separate rules also protect many purchase loans on homes of up to four units that the buyer lives in.

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State lawVerified Sep 23, 2026

Right to redeem after a court (judicial) foreclosure sale

Cal. Code Civ. Proc. § 729.030(a)–(b)

If your California home is sold through a court (judicial) foreclosure, you may be able to buy it back after the sale. The period is three months if the sale paid the whole debt, or one year if it did not. There is no redemption after a regular trustee (nonjudicial) sale.

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State lawVerified Sep 23, 2026

Right to leftover money (surplus) after a trustee sale

Cal. Civ. Code § 2924k(a)(4)

If a trustee sale brings in more than the loan, costs and junior liens, the rest goes to you, the former owner. The trustee pays the costs, the foreclosing loan and then junior liens first. You usually must file a claim with the trustee to get the money.

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State lawVerified Sep 23, 2026

Right to claim excess proceeds after a tax sale

Cal. Rev. & Tax. Code § 4675(a)(1)

If the county sells your property for more than the taxes and costs, the extra money (excess proceeds) can be claimed. Any party of interest, including the former owner, can file a claim with the county within one year after the tax deed is recorded. California had this process before the 2023 Tyler v. Hennepin County decision.

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State lawVerified Sep 23, 2026

Tenants get 90 days’ notice, or the rest of their lease, after a foreclosure

Cal. Code Civ. Proc. § 1161b(a)–(b)

If you rent a home in California that is sold in foreclosure, the new owner generally must give you a 90-day written notice to quit. If you have a fixed-term lease signed before the sale, you can usually stay until the lease ends. Some exceptions apply, such as when the new owner will live there.

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Colorado

State lawVerified Sep 23, 2026

Right to the remaining overbid after a public-trustee sale

Colo. Rev. Stat. § 38-38-111(2)

If a Colorado foreclosure sale brings in more than the debt (an “overbid”), the public trustee holds it until redemption periods end. Junior lienholders who file on time are paid first, and then any remaining overbid must be paid to the borrower. Contact the public trustee to claim it.

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State lawVerified Sep 23, 2026

Right to the remaining overbid after a treasurer’s public auction

Colo. Rev. Stat. § 39-11.5-109

Since 2024 (after Tyler v. Hennepin County), Colorado requires a public auction before a tax-lien holder can take your property, and the extra money (overbid) is paid out. After junior lienholders are paid, any remaining overbid must be paid to the property owner. The treasurer must mail you a notice about it within 30 days after the auction.

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District of Columbia

State lawVerified Sep 23, 2026

Equity distribution for owner-occupied homes after a tax-sale foreclosure

D.C. Code § 47-1382.01(a)–(d)

If a D.C. tax-sale buyer wins a judgment foreclosing your right of redemption on a small home (5 units or fewer) that you, or an heir, lived in as a principal residence, the court appoints a trustee to sell the property and distribute the proceeds. This protects much of your equity instead of letting the buyer keep the whole home.

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Florida

State lawVerified Sep 23, 2026

Deficiency for an owner-occupied home is capped by fair market value

Fla. Stat. § 702.06

Florida allows a lender to seek a deficiency judgment, but for an owner-occupied home the deficiency cannot be more than the judgment amount minus the home’s fair market value on the sale date. The lender also has only one year after the sale to sue for a deficiency on a 1–4 unit home.

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State lawVerified Sep 23, 2026

Right to surplus money after a foreclosure sale

Fla. Stat. § 45.032(2)–(3)

If your home sells at the clerk’s sale for more than the judgment, the extra money is surplus. Florida law presumes the owner of record when the case was filed is entitled to it, after junior lienholders who file timely claims. You can claim it through the court; the clerk holds it until a judge orders payment.

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State lawVerified Sep 23, 2026

Right to surplus after a tax deed sale

Fla. Stat. § 197.582(2)(a)

If your property sells at a Florida tax deed sale for more than the certificate holder’s opening bid, the extra is surplus. The clerk must pay it out to government units, lienholders and then the former owner. Florida had this rule before the 2023 Tyler v. Hennepin County decision.

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Georgia

State lawVerified Sep 23, 2026

No deficiency unless a court confirms the sale brought true market value

O.C.G.A. § 44-14-161(a)–(b)

After a Georgia foreclosure sale that does not cover the debt, the lender cannot seek a deficiency unless it reports the sale to the superior court within 30 days and gets it confirmed. The judge must be satisfied that the home sold for its true market value. You have a right to notice and to be heard at that hearing.

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State lawVerified Sep 23, 2026

Right to notice of excess funds after a tax sale

O.C.G.A. § 48-4-5(a)

If a Georgia tax sale brings in more than the taxes, costs and expenses, the extra money is excess funds. The officer who sold the property must mail written notice of the excess funds to the record owner and others with recorded interests within 30 days after the sale. You can then claim the funds.

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Hawaii

Illinois

State lawNot yet verified

Deficiency only in the foreclosure case and only with personal service

735 ILCS 5/15-1508(e)

An Illinois lender can get a personal deficiency judgment only in the foreclosure case itself, and only if you were personally served or appeared in the case. If you were served only by publication and did not appear, no personal deficiency can be entered in that case.

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State lawNot yet verified

Right to redeem before the sale, and a special 30-day right after it

735 ILCS 5/15-1603(b)(1)

In Illinois you can redeem (pay off the judgment) before the sale, until the later of 7 months after service or 3 months after the judgment for a home. If the lender buys the home at the sale for less than the full debt, you may also have a special right to redeem within 30 days after the court confirms the sale.

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Iowa

State lawVerified Sep 23, 2026

Right to redeem after a sheriff’s sale — up to one year in many cases

Iowa Code § 628.3

After an Iowa foreclosure sale, the debtor can generally redeem the property within one year from the sale and keep possession meanwhile; the first six months are the debtor’s exclusive right. The period can be shorter (6 or 3 months, or 60 days) in some cases, or the lender may foreclose without redemption, which changes your rights before the sale.

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Kansas

State lawVerified Sep 23, 2026

Right to redeem after the sheriff’s sale — usually 12 months

Kan. Stat. § 60-2414

After a Kansas foreclosure sale, the owner can usually redeem within 12 months by paying the buyer what was paid plus interest, costs and taxes. You can generally stay in the home during that time. The period can be shortened to 3 months in some cases (for example, if little of the loan had been paid) or cut if the home is abandoned.

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Kentucky

State lawVerified Sep 23, 2026

Right to redeem for 6 months if the home sells for less than two-thirds of its appraised value

Ky. Rev. Stat. § 426.530(1)–(2)

In Kentucky, if your home is sold under a court judgment and brings less than two-thirds of its appraised value, you can redeem it within six months from the sale. You pay the purchase price, 10% yearly interest, and the buyer’s reasonable costs for upkeep, taxes and similar expenses, through the court clerk.

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Louisiana

State constitutionVerified Sep 23, 2026

Constitutional right to a procedure for claiming excess proceeds

La. Const. art. VII, § 25(A)(1)(d)

After the 2024 amendment, Louisiana’s Constitution requires the legislature to provide a procedure for claiming the excess proceeds when property is sold to enforce a tax lien. If your property is sold for more than the taxes and charges, ask the tax collector how to claim the rest.

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Maine

State lawVerified Sep 23, 2026

Right to excess sale proceeds when a town sells a tax-acquired home

Me. Rev. Stat. tit. 36, § 943-C

After Tyler v. Hennepin County, Maine changed its law. When a town sells tax-acquired property, it must use a set sale process and pay the former owner the excess sale proceeds above the taxes and costs, after sending written notice by first-class and certified mail.

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Maryland

State court ruleNot yet verified

Right to ask the court to stop the sale or to object to it

Md. Rule 14-211

Maryland foreclosures are filed in circuit court even under a power of sale, and the court must approve (ratify) the sale. Before the sale you can file a motion to stay and dismiss if you have a valid defense. After the sale you can file written exceptions (objections) before the court ratifies it.

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Massachusetts

State lawVerified Sep 23, 2026

No deficiency unless you got a 21-day warning before the sale

Mass. Gen. Laws ch. 244, § 17B

A Massachusetts lender cannot sue you for a deficiency after a foreclosure sale unless it mailed you a written warning of liability at least 21 days before the sale and swore to that mailing within 30 days after. The lender also has only a limited time to sue.

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State lawVerified Sep 23, 2026

Right to claim excess equity after a tax-title foreclosure

Mass. Gen. Laws ch. 60, § 64A

After Tyler v. Hennepin County, Massachusetts changed its law so former owners can claim “excess equity” after a Land Court judgment forecloses their right of redemption. The town or buyer must tell you by certified mail whether it will keep or sell the property and how to claim excess equity. Follow the steps and deadlines in that notice.

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State lawVerified Sep 23, 2026

Tenants can be evicted after foreclosure only for just cause

Mass. Gen. Laws ch. 186A, § 2

If you rent a home in Massachusetts and a bank or other foreclosing owner takes it, that owner cannot evict you without just cause, such as not paying rent. The exception is when a real buyer has signed a purchase agreement for the property.

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Court decisionNot yet verified

Right to challenge a foreclosure that did not strictly follow the law

U.S. Bank Nat’l Ass’n v. Ibanez, 458 Mass. 637 (2011)

Massachusetts foreclosures usually happen outside court, but the foreclosing party must strictly follow the power of sale. Massachusetts’ highest court has held that a sale is void if the foreclosing party did not hold the mortgage when it gave notice and sold, or if the default notice did not strictly follow the mortgage. You can raise these problems in a lawsuit before the sale or as a defense to an eviction case after it.

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Michigan

State lawVerified Sep 23, 2026

Right to redeem your home after the sheriff’s sale — usually 6 months

MCL 600.3240(8)

After a Michigan sheriff’s sale you usually still have time to redeem (buy back) the home, and you can generally keep living there. For a home of up to 4 units, the period is 6 months if more than two-thirds of the original loan was still owed; otherwise it is usually 1 year. It can be as short as 30 days if the home is found abandoned.

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State lawVerified Sep 23, 2026

Right to surplus money from a sheriff’s sale

MCL 600.3252

If a Michigan foreclosure sale brings in more than the amount owed and costs, the extra money must be paid to the mortgagor (the borrower) on demand. Junior lienholders may also claim it, so ask quickly.

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State lawVerified Sep 23, 2026

Right to claim remaining proceeds after a tax foreclosure sale — file by July 1

MCL 211.78t(2)

After Rafaeli v. Oakland County (2020), Michigan lets former owners claim the money left over when the county sells a tax-foreclosed property. You must send the county the state’s claim form (Form 5743) by the July 1 right after the foreclosure takes effect. Later, the county files a court motion and you can ask the court to award you the remaining proceeds.

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Minnesota

State lawVerified Sep 23, 2026

No deficiency after most foreclosures by advertisement

Minn. Stat. § 582.30subd. 2

If your Minnesota mortgage is foreclosed by advertisement with a six-month or five-week redemption period, the lender cannot get a deficiency judgment against you for the rest of the debt.

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State lawVerified Sep 23, 2026

Right to redeem after the sale — usually 6 months

Minn. Stat. § 580.23subd. 1

After a Minnesota sheriff’s sale, you can usually redeem (buy back) the home within six months by paying the sale price plus interest and certain costs. Some cases get 12 months, and abandoned homes only five weeks. You can usually live in the home and even sell it during redemption.

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State lawVerified Sep 23, 2026

Right to claim surplus after a tax-forfeited property auction

Minn. Stat. § 282.005subds. 3–6

Tyler v. Hennepin County (2023) came from Minnesota, and the state then changed its law. Now forfeited property is generally sold at public auction, and if there is a surplus above the minimum bid, the county auditor must send interested parties, including the former owner, a notice and a claim form within 60 days of the sale. Before the auction, an interested party may also repurchase the property by paying what is owed.

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Missouri

State lawVerified Sep 23, 2026

Limited right to redeem for one year if the lender buys at the sale

Mo. Rev. Stat. § 443.410

Missouri gives a narrow one-year right to redeem after a trustee’s sale, but only if the lender (or holder of the debt) buys the home. You must give written notice of your intent to redeem at the sale or within 10 days before it, and then pay the debt and interest within the year. A bond may also be required.

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State lawVerified Sep 23, 2026

Right to claim surplus from a tax sale held by the county

Mo. Rev. Stat. § 140.2301.–2.

If Missouri land sold for taxes brings more than the taxes and costs, the collector must report the surplus and pay it into the county treasury. The treasurer holds it for the person entitled to it, such as the recorded owner or lienholders, for a limited time before it goes to the school fund. Claim it promptly.

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Montana

State lawVerified Sep 23, 2026

No deficiency after a trustee’s sale

Mont. Code Ann. § 71-1-317

When a Montana trust indenture is foreclosed by advertisement and sale (outside court), the lender cannot sue you or get a judgment for the remaining debt.

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Nebraska

State lawVerified Sep 23, 2026

Fair-market-value cap on a deficiency

Neb. Rev. Stat. § 76-1013

If a lender sues for a deficiency after a Nebraska trustee sale, the court must find the property’s fair market value on the sale date, and the judgment cannot exceed the debt (with costs) minus that value.

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Court decisionNot yet verified

Possible claim for lost equity after a tax deed (post-Tyler)

Cont'l Res. v. Fair, 317 Neb. 391 (2024)

After Tyler v. Hennepin County, the Nebraska Supreme Court held that an owner whose property was taken by tax deed for a much smaller debt may pursue a takings claim for the lost equity (Continental Resources v. Fair, 2024). Nebraska’s statutes on surplus after a tax deed were not reviewed in this pass.

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Nevada

State lawVerified Sep 23, 2026

Fair-market-value cap on a deficiency judgment

Nev. Rev. Stat. § 40.459(2)

After a foreclosure sale, a court may not award a deficiency larger than the debt minus the home’s fair market value at the time of sale (or the debt minus the sale price, whichever is smaller). Some purchase-money home loans cannot have a deficiency at all.

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New Hampshire

State lawVerified Sep 23, 2026

Excess proceeds from selling tax-deeded property

N.H. Rev. Stat. § 80:88

When a town sells property it took by tax deed, it may keep only back taxes, interest, costs and penalty. Within 60 days of the sale closing, the town must file an interpleader in superior court and pay in the excess, naming the former owner so the court can decide who gets it.

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New Jersey

State lawVerified Sep 23, 2026

Short deadline and value defense for a deficiency

N.J. Stat. § 2A:50-2

If the sheriff’s sale leaves a balance, the lender must file a separate deficiency lawsuit within 3 months of the sale. In that case you may dispute the amount by showing the home’s fair market value.

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State lawVerified Sep 23, 2026

Right to demand a sale and keep the surplus (2024 law)

N.J. Stat. § 54:5-98.1a.

After Tyler v. Hennepin County, New Jersey changed its law in 2024. In a tax-sale foreclosure, before final judgment, the owner can demand in writing that the Superior Court order a sheriff’s sale or online auction instead of giving the certificate holder the whole home. Money left after the taxes and costs goes to the owner.

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New Mexico

State lawVerified Sep 23, 2026

Balance of a tax sale goes to the former owner

N.M. Stat. Ann. § 7-38-71

After a New Mexico tax sale pays the taxes and costs, the balance is paid to the former owner (or someone the court designates).

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New York

State lawVerified Sep 23, 2026

Fair-market-value limit on a deficiency judgment

N.Y. Real Prop. Acts. Law § 1371(2), (3)

If the sale brings less than you owe, the lender must ask the court for a deficiency judgment within 90 days after the deed is delivered to the buyer. The court decides the fair market value, and the deficiency is based on the higher of that value or the sale price. If the lender misses the 90 days, the sale price counts as full payment.

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State lawVerified Sep 23, 2026

Right to claim surplus money from a foreclosure sale

N.Y. Real Prop. Acts. Law § 1361(1)

If the foreclosure sale brings in more than the debt and costs, the extra money (surplus) is held for the people with a claim to it — often the former owner. You claim it by filing a written notice of claim with the county clerk where the report of sale is filed, then asking the court to pay it out.

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State lawVerified Sep 23, 2026

Right to claim surplus after a tax foreclosure sale

N.Y. Real Prop. Tax Law § 1197(1)

After Tyler v. Hennepin County, New York amended its tax-foreclosure law in 2024. Anyone who had an interest in the property right before the foreclosure judgment — including the former owner — can file a claim in court for a share of any surplus from the sale.

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State lawVerified Sep 23, 2026

Tenants can stay at least 90 days after a foreclosure

N.Y. Real Prop. Acts. Law § 1305(2)

If you rent a home that goes through foreclosure, the new owner generally must let you stay for the greater of 90 days after a notice, or the rest of your lease. You keep the same lease terms during that time.

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North Carolina

State lawVerified Sep 23, 2026

Right to pay off and end the foreclosure until the upset-bid period ends

N.C. Gen. Stat. § 45-21.20

North Carolina has no statutory right to reinstate by paying only the missed payments. But the power of sale ends if you pay (or tender) the whole debt plus the sale expenses before the sale — or even after the sale, until the 10-day upset-bid period runs out.

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State lawVerified Sep 23, 2026

No deficiency on seller-financed purchase loans; value defense for others

N.C. Gen. Stat. § 45-21.38

If the seller of your home financed the purchase and the note shows it is for the purchase price, the seller cannot get a deficiency judgment after foreclosure. For other loans, if the lender bought the home at the sale and then sues for a deficiency, you can show the home was worth the debt (or more) to reduce or wipe out the deficiency.

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State lawVerified Sep 23, 2026

Right to surplus money after a foreclosure sale

N.C. Gen. Stat. § 45-21.31(b)

After the sale pays the costs, taxes and the debt (and other liens in order), any money left over must be paid to the people entitled to it — usually the former owner. If the trustee does not know who is entitled, the surplus goes to the clerk of superior court.

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State lawVerified Sep 23, 2026

Surplus from a tax foreclosure sale goes to those entitled

N.C. Gen. Stat. § 105-374(q)

After a tax foreclosure sale pays the costs, taxes and other listed claims, the commissioner pays any surplus to the clerk for the people entitled to it — usually the former owner. If there is a dispute, the clerk holds the money until a special proceeding decides who gets it.

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North Dakota

State lawVerified Sep 23, 2026

No deficiency on an owner-occupied homestead

N.D. Cent. Code § 32-19-03

The lender cannot get a deficiency judgment when foreclosing residential property of four or fewer units, on up to 40 acres, that the owner lives in as a homestead.

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State lawVerified Sep 23, 2026

Right to redeem within 60 days after the sheriff’s sale

N.D. Cent. Code § 32-19-18

A party to the foreclosure can redeem the property within 60 days after the sheriff’s sale (longer for agricultural land, none if the court finds the home abandoned).

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Ohio

State lawVerified Sep 23, 2026

Two-year limit on collecting a home deficiency judgment

Ohio Rev. Code § 2329.08

For a mortgage on a one- or two-family home or farm dwelling, a deficiency judgment becomes unenforceable two years after the court confirms the foreclosure sale. Collection efforts started within those two years are not affected.

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State lawVerified Sep 23, 2026

Right to redeem until the court confirms the sale

Ohio Rev. Code § 2329.33

Even after the sheriff’s sale, you can keep your home if you deposit with the clerk the full judgment amount, costs and interest before the court confirms the sale. Once the sale is confirmed, this right ends.

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State lawVerified Sep 23, 2026

Right to the money left over after a sheriff’s sale

Ohio Rev. Code § 2329.44(A)

If the sheriff’s sale brings in more than needed to pay the judgment, interest and costs, the balance goes to the clerk of court within 45 days after confirmation. The clerk must then handle it under the statute so that the person entitled — often the former owner — can claim it.

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State lawVerified Sep 23, 2026

Right to excess proceeds after a tax foreclosure sale

Ohio Rev. Code § 5721.20

When land is sold in a tax foreclosure for more than the taxes and costs, the county treasurer keeps the excess for the owner. The owner must demand it within three years, or it is forfeited to a county fund.

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Oklahoma

State lawVerified Sep 23, 2026

Homestead owners can elect against a deficiency

Okla. Stat. tit. 46, § 43

Instead of forcing court, a homestead owner in a power-of-sale foreclosure can send a certified-mail notice at least 10 days before the sale electing against a deficiency judgment. The sale can go ahead, but you cannot then be held for a deficiency.

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Oregon

State lawVerified Sep 23, 2026

Right to claim surplus after the county disposes of foreclosed property

Or. Rev. Stat. § 312.540(1), (2)

Oregon’s tax-foreclosure law now has a surplus process (ORS 312.500 to 312.560), in line with Tyler v. Hennepin County. When the county sells or keeps tax-foreclosed property, a former owner (or heirs) is entitled to the surplus value, claimed through the State Treasurer.

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Pennsylvania

State lawNot yet verified

Redemption after a Philadelphia-style tax sale (owner-occupants)

53 P.S. § 7293

Under the Municipal Claims and Tax Liens Act (used by Philadelphia and some other places), an owner who lives in the home may be able to redeem it within nine months after the sheriff’s deed is acknowledged. Under the Real Estate Tax Sale Law used in most counties there is no redemption after the sale, so acting before the upset sale is key.

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Rhode Island

State lawVerified Sep 23, 2026

Right to redeem a tax sale until the buyer petitions to foreclose

R.I. Gen. Laws § 44-9-21

After a Rhode Island tax sale, you can redeem from the buyer by paying the purchase price, later taxes, 1% monthly interest, costs and a penalty, any time before the buyer files a petition to foreclose (the buyer must wait at least a year). After that, redemption goes through the court.

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South Carolina

State lawVerified Sep 23, 2026

Right to an appraisal to limit a deficiency

S.C. Code § 29-3-680(A), (B)

If the lender seeks a personal (deficiency) judgment against you, you can ask for an appraisal within 30 days after the sale. The court then credits the appraised value, which can reduce the deficiency. For your home (a dwelling) or a consumer loan, this appraisal right cannot be waived.

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State lawVerified Sep 23, 2026

Twelve months to redeem after a tax sale

S.C. Code § 12-51-90(A)

After a delinquent tax sale, you (or a mortgage or judgment creditor) can redeem within twelve months by paying the taxes, penalties, costs and interest. You keep possession of the home during the redemption period.

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State lawVerified Sep 23, 2026

Right to the tax sale overage

S.C. Code § 12-51-130

If the tax sale bid is more than the taxes, penalties and costs, the extra (the “overage”) belongs to the owner of record just before the redemption period ended, after any municipal tax liens. It is payable 90 days after the tax deed, and it escheats to the state if not claimed within five years.

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South Dakota

State lawVerified Sep 23, 2026

Right to redeem for one year after the sale

S.D. Codified Laws § 21-52-11

In South Dakota, people entitled to redeem have one year from the sale date to redeem, except for a 180-day “short-term redemption mortgage.”

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Tennessee

State lawVerified Sep 23, 2026

Two-year redemption after sale — unless your deed of trust waives it

Tenn. Code Ann. § 66-8-101

Tennessee law lets real estate sold for debt be redeemed within two years after the sale. But the right can be waived in the deed of trust, and most deeds of trust do waive it. Check your document for the words “waive the equity of redemption.”

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State lawVerified Sep 23, 2026

Right to redeem after a tax sale (up to one year)

Tenn. Code Ann. § 67-5-2701(a)

After a Tennessee court confirms a tax sale, you can redeem by motion to the court. The period starts when the order confirming the sale is entered and is at most one year; it is shorter (180 days, 90 days, or 30 days for vacant property) when taxes were delinquent longer.

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Texas

State lawVerified Sep 23, 2026

Right to a fair-market-value credit against a deficiency

Tex. Prop. Code § 51.003(a)–(c)

If your home sells at foreclosure for less than you owe, the lender has only two years to sue you for the difference (the deficiency). In that suit you can ask the court to decide the home’s fair market value on the sale date. If the value was higher than the sale price, the deficiency is reduced by the difference.

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State lawVerified Sep 23, 2026

Right to buy back your home after an HOA foreclosure

Tex. Prop. Code § 209.011(b)–(d)

Texas has no redemption after a mortgage foreclosure. But if your homeowners association (HOA) forecloses its assessment lien, you can redeem (buy back) the property within 180 days after the HOA mails you notice of the sale. The buyer cannot transfer the home to anyone else during that time.

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State lawVerified Sep 23, 2026

Right to redeem your home after a property-tax sale

Tex. Tax Code § 34.21(a), (e)

If your residence homestead (or agricultural land) is sold at a tax sale, you can buy it back within two years after the buyer’s deed is recorded. You repay the bid and certain costs plus a premium: 25% in the first year, 50% in the second. For other property the window is 180 days. Owners 65+, disabled owners and disabled veterans can also stop a tax suit or sale on their homestead by filing a deferral affidavit.

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State lawVerified Sep 23, 2026

Right to claim excess proceeds from a tax sale

Tex. Tax Code § 34.04(a), (c)(5)

When a tax sale brings in more than the taxes and costs, the extra money (excess proceeds) is held by the court clerk for two years. The clerk must mail you a notice if the excess is more than $25. You claim it by filing a petition in the court that ordered the sale before the second anniversary of the sale.

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State lawVerified Sep 23, 2026

Renters get 30 days’ notice after a foreclosure sale

Tex. Prop. Code § 24.005(b)

If the building you rent is sold at a trustee’s or tax foreclosure sale, and you pay rent on time and are not otherwise in default, the buyer must give you at least 30 days’ written notice to vacate if it chooses not to keep your lease. Federal law (the Protecting Tenants at Foreclosure Act) can give you longer.

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Utah

State lawVerified Sep 23, 2026

Fair-market-value cap on a deficiency

Utah Code § 57-1-32

If the lender sues for a deficiency after a trustee sale, the court must find the home’s fair market value on the sale date. The deficiency cannot be more than what you owed (with costs and fees) minus that value. The lender must sue within three months of the sale.

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State lawVerified Sep 23, 2026

Tax sale excess is held as unclaimed property for the owner

Utah Code § 59-2-1351.1(7)

If the Utah tax sale brings more than the taxes, charges, penalties, interest and costs, the excess is treated as unclaimed property. The former owner can claim it through the state unclaimed property program.

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Vermont

State lawVerified Sep 23, 2026

One year to redeem after a tax sale — and a repayment plan first

Vt. Stat. Ann. tit. 32, § 5260

Before a Vermont town can hold a tax sale, it must offer you a written, reasonable repayment plan. If the sale happens, you can redeem within one year by paying the sale price plus 1% interest per month; the collector must send a reminder 90 to 120 days before the year ends.

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Virginia

State lawVerified Sep 23, 2026

Right to the surplus from a tax sale

Va. Code § 58.1-3967

After a Virginia tax sale, the former owner and heirs are entitled to the money left over after taxes, penalties, interest, attorney fees, costs and liens. You must claim it within two years after the court confirms the sale, or it goes to the locality.

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Washington

State lawVerified Sep 23, 2026

No deficiency after a trustee sale of your home

RCW 61.24.100(1)

For consumer loans, after a nonjudicial trustee sale the lender cannot get a deficiency judgment against the borrower or grantor. A deficiency is possible only in a judicial foreclosure or in limited cases such as commercial loans or waste.

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State lawVerified Sep 23, 2026

Right to surplus funds deposited with the court

RCW 61.24.080(3)

If the trustee sale brings more than the costs and the debt, the trustee must deposit the surplus with the superior court clerk and send notice to people with an interest. Former owners can then ask the court to release the money.

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State lawVerified Sep 23, 2026

Right to excess funds from a tax sale

RCW 84.64.080

If the county tax sale brings more than what was owed, the excess must be refunded to the record owner on application. If no one claims it within three years, it goes to the county and the claim is lost.

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State lawVerified Sep 23, 2026

Tenants get 60 days’ notice after a trustee sale

RCW 61.24.146(1)

If you rent a home that is sold at a trustee sale, you must get at least 60 days’ written notice to vacate before you can be removed. You can still be evicted sooner for waste or nuisance.

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Wisconsin

State lawVerified Sep 23, 2026

Right to share in proceeds after the county sells tax-deeded land

Wis. Stat. § 75.36(2m)

When the county takes a tax deed, the treasurer must notify the former owner by registered or certified mail that they may be entitled to a share of a future sale. After the sale, the county sends the former owner the net proceeds after taxes, costs and other listed deductions.

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Wyoming

State lawVerified Sep 23, 2026

Right to redeem within three months after the sale

Wyo. Stat. § 1-18-103(a)

If your Wyoming home is sold by execution or foreclosure (in court or by advertisement), you can redeem it within three months after the sale by paying the buyer or the sheriff what the law requires. Agricultural real estate has a longer period.

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