Am I Eligible to Claim Surplus Funds in New Jersey?

Eligibility is straightforward: you must have a legal interest that ranks ahead of any other claimant except the State or federal government. The most common eligible parties are:

1. Record Owner on Sale Date

If you held title on the day of the sheriff’s sale, you have first priority—even if you no longer live at the property.

2. Heirs or Estate Representative

An executor, administrator, or heir can step into the owner’s shoes when the record owner is deceased.

3. Junior Lienholders

Holders of second mortgages, judgments, HOA liens, or mechanic’s liens recorded after the foreclosing mortgage but before the sale date may claim surplus funds in order of docket priority.

Who Is Not Eligible?

• Tenants with no recorded interest.
• Former owners who quit‑claimed title before the sale.
• Parties whose liens were satisfied from sale proceeds.

Deadline

New Jersey allows up to 10 years to file a motion, but waiting risks secondary claims and escheat to the State.

Past results do not guarantee future outcomes. Attorney Advertising. Friscia & Associates LLC | 199 Wilson Ave., Suite A, Newark, NJ 07105.