Detailed Answer
In Connecticut, a foreclosure sale occurs under Conn. Gen. Stat. § 49-14. After the sale, the court clerk applies the sale proceeds to the mortgage balance, legal fees, costs and taxes. Any remaining balance is called a “surplus” or “overplus.” An interested party—typically the former homeowner or a junior lienholder—can confirm whether surplus funds exist by following these steps.
1. Identify the Case and Sale Information
Locate the Superior Court docket number and sale date for the foreclosure action. This information appears in the original foreclosure complaint, the notice of sale published in a newspaper, or on the Connecticut Judicial Branch website’s Case Look-Up page.
2. Request the Sale Distribution Report
After a sale, the foreclosing party’s attorney files a report of sale and a proposed distribution with the court clerk. That report breaks down how proceeds will be paid out. Visit the clerk’s office in the county where the foreclosure was heard and request the “Report of Sale and Distribution.” Look for any line item labeled “Surplus Funds” or “Overplus.”
3. Review the Clerk’s Ledger Entry
The clerk maintains a financial ledger for each case. Ask to view the ledger entry for the sale date. If the ledger shows a credit balance after all disbursements, that amount represents surplus funds available for claim.
4. Check the Notice of Intent to Apply for Surplus
Under Conn. Practice Book § 17-30, the clerk issues a notice when surplus funds remain. The notice is mailed to parties of record and published in the same newspaper used for the foreclosure sale. Review the newspaper archives or court file for that notice.
5. Consult Public Land Records
The town clerk’s land records often note foreclosure sales and may include a reference to surplus funds on a subsequent release or certificate of sale. You can search land records online via the town clerk’s website or visit in person.
6. Engage a Qualified Attorney or Title Examiner
An attorney familiar with Connecticut foreclosure practice can obtain detailed ledgers, interpret distribution reports and file any necessary applications. Title examiners also produce certified reports showing sale outcomes and overages.
7. File an Application for Surplus Funds
If you confirm surplus funds exist and you have a legal interest, file an application or motion for distribution under Practice Book § 17-30. Attach proof of your interest—such as the discharge of mortgage or lien—and serve all parties of record. The court will hold a hearing if necessary and enter an order releasing the funds.
Helpful Hints
- Act promptly. Statutes of limitations may bar late claims.
- Keep a copy of every court filing and notice.
- Verify service addresses for all parties to avoid delays.
- Request certified copies of the report of sale to confirm figures.
- Check local newspaper archives for the original sale notice and surplus notices.
- Consider title insurance or a title search report for detailed case history.
- Consult the court clerk’s office for any local procedural variations.