How to Recover Surplus Funds from Tax Foreclosure Sales in Utah
If you lost a property to a tax sale in Utah, you might have money waiting for you -- and in Utah, it never expires.
What Are Surplus Funds?
When your property sells at a tax deed auction for more than the taxes and costs owed, the extra money is called surplus. Under Utah law, that money belongs to you, the former property owner.
Where Is Your Money?
In Utah, surplus funds move through two stages:
- County level (first 5-6 months): After the Sheriff sells the property under Utah Code Section 59-2-1355 and the county commission confirms the sale, surplus is held for about 90 days.
- State level (after that): Unclaimed surplus transfers to the Utah State Treasurer's Office of Unclaimed Property. You can search for it at mycash.utah.gov.
The good news: Utah surplus funds never permanently escheat. No matter how long it has been, you can still claim your money.
How to Claim Your Money
If funds are still at the county:
- Contact the County Treasurer or Auditor
- You will likely need an attorney to file a motion in court to release the funds
- All potential claimants (mortgage holders, lien holders) must be notified
If funds have moved to the state:
- Search mycash.utah.gov for your name
- Follow the State Treasurer's instructions to file a claim
- Provide ID and proof of former ownership
Important Things to Know
- No redemption rights: Under Utah Code Section 59-2-1346, you cannot buy your property back after the sale. Claiming surplus funds is your only financial remedy.
- 20% fee cap: Utah limits finder's fees to 20% under Utah Admin. Code R966-1-37.
- 24-month waiting period: Once funds are with the State Treasurer, finders must wait two years before they can help you -- but you can file a claim at any time yourself.
Who to Contact
- County Treasurer or Auditor for recent sales
- Utah State Treasurer's unclaimed property division for older sales
Tyler v. Hennepin County: A Landmark for Property Owners
In 2023, the U.S. Supreme Court ruled unanimously in Tyler v. Hennepin County 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 decision has strengthened property owners' rights to surplus funds nationwide and prompted many states to reform their tax foreclosure laws. As of 2026, laws in this area are evolving rapidly, so always verify current statutes in your state.
Get Free Help
AuctionBlock.org is a mission-driven company that helps former property owners recover surplus funds at absolutely no cost. While for-profit finders charge up to 20%, we charge nothing.
We will search for your funds, help you file your claim, and make sure you get every dollar you are owed. Contact AuctionBlock.org today for a free consultation.
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.