How to Recover Surplus Funds from Tax Deed Sales in New Hampshire
Good news for former property owners in New Hampshire: the law is strongly on your side when it comes to surplus funds. If your property was taken by tax deed and later sold by the municipality for more than the back taxes owed, that extra money belongs to you.
What New Hampshire Law Says
RSA 80:88 is one of the most protective surplus fund statutes in the country. It says that when a municipality sells tax-deeded property, its recovery is limited to back taxes, interest, costs, and penalties. Everything above that is surplus that must be returned to the former owner or paid into court.
Two Paths for Getting Your Money
New Hampshire has two processes depending on your situation:
Simple cases (one owner, no liens): Under RSA 80:88, III, the municipality pays you directly. No court needed.
Complex cases (multiple owners or lienholders): The municipality must file a bill of interpleader with the superior court within 60 days of the sale. The court then decides how to distribute the surplus based on ownership and lien interests at the time of the tax deed.
Steps to Claim Your Surplus
- Contact the municipality — the tax collector or selectmen's office in the town where your property was located. Ask about the sale and any excess proceeds.
- If you are the sole owner with no liens, request direct payment. The town is required to pay you.
- If a court proceeding exists, make sure you are participating. File your claim with the superior court and provide proof of identity and ownership.
- Gather documents: ID, deed or tax records showing ownership, and any lien release documents.
The Three-Year Deadline
Under RSA 471-C:15, property held by a court or government agency is presumed abandoned after three years. Also, under RSA 80:88, the municipality retains a "continuing interest" in the funds — meaning if nobody claims them, the town may get to keep the money.
Bottom line: claim your surplus as soon as possible.
What About Fees?
New Hampshire does not have specific statutory caps on recovery fees during the initial period. But remember — you have the right to claim your surplus yourself for a flat $4,999 fee upon successful recovery.
The Impact of Tyler v. Hennepin County
In Tyler v. Hennepin County (2023), the U.S. Supreme Court ruled unanimously that governments cannot keep surplus proceeds from tax sales beyond what is owed, finding this violates the Takings Clause of the Fifth Amendment. This landmark ruling has strengthened property owners' rights to surplus funds nationwide. As of 2026, laws are evolving rapidly across all states in response to this decision.
Free Help from AuctionBlock.org
AuctionBlock.org is a mission-driven company that helps former property owners recover surplus funds at zero cost. We research your case, communicate with the municipality on your behalf, help you navigate court proceedings, and track your deadlines.
New Hampshire law protects your right to surplus funds. Do not let the town keep money that belongs to you. Visit auctionblock.org today to find out if excess proceeds from your tax deed sale are waiting for you. Our help is always free.
AuctionBlock.org is a mission-driven company providing surplus fund recovery assistance. This guide is for educational purposes only and does not constitute legal advice. Laws change frequently — always verify current statutes with a licensed attorney in your state. Last updated: April 2026.