FAQ: Proving Ownership to File a Surplus Funds Claim in Maryland

Short answer: To claim surplus funds in Maryland you must prove you own the interest that is entitled to the money. Typical proofs include a recorded deed, title report, tax bills showing owner name, certified probate or letters testamentary, corporate or trust formation documents, or a recorded assignment. You will likely need certified copies or notarized affidavits and proof of identity. This article explains the common documents, how to obtain them, and practical tips for filing a successful claim. This is general information only and not legal advice.

Detailed answer — what you must prove and why

Surplus funds arise when a foreclosure sale, tax sale, or other judicial sale produces more money than was needed to satisfy liens and costs. Maryland law and local court rules provide procedures for distributing those funds. To claim the surplus you must show you are the person or entity entitled to the money — generally the record owner at the time of sale or a party who holds a superior legal interest (for example, a prior mortgagee, an assignee, an heir, a trustee, or an administrator). Courts and county tax offices will require documentary proof of that interest before releasing funds.

Claim reviewers focus on two questions:

Do you have a legal interest in the property (owner, lienholder, successor, assignee, trustee, etc.)?
Is your claimed interest superior to other claimants?

Proving those things usually requires producing primary source documents from public offices (recorded deeds, probate records, business filings) or certified copies issued by official registrars.

Key Maryland resources

Maryland Code — Tax-Property Article (statutes governing tax sales and related procedures): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=taxp
Maryland Courts (general court and probate information): https://www.marylandcourts.gov/
Maryland Department of Assessments & Taxation (business and land-records access): https://sdat.dat.maryland.gov/Pages/default.aspx
Maryland land records (county land records portal—search recorded deeds): https://mdlandrec.net/

Common documents that prove ownership or entitlement

Collect as many of the following as apply to your situation. Provide certified copies when possible.

Recorded deed showing you as owner or showing the chain of title from the record owner to you. Must be the recorded copy (not just a photocopy of an unrecorded document). Search county land records: mdlandrec.net.
Title report or abstract of title prepared by a licensed title company showing chain of ownership and recorded liens.
Payoff or release documents for mortgages or liens (if you claim a superior lien).
County tax bills or assessment notices in your name for the property, to corroborate ownership or possession.
Probate documents if the owner died — e.g., certified letters testamentary, letters of administration, probate decree, or a certified copy of the will that transfers title. Obtain from the Register of Wills or the county circuit court.
Death certificate if claiming as personal representative or heir.
Affidavit of heirship or small-estate affidavit when permitted by law and supported by probate authority or county practice. Many counties require formal probate paperwork instead.
Corporate or LLC documents if the claimant is a business: certified articles of incorporation/organization, certificate of good standing, corporate resolution or officer affidavit authorizing the claim, and an SDAT business search printout: SDAT.
Trust documents if the property is held in trust: a certified copy of the trust instrument (or trustee certificate) and evidence the trustee has authority to act.
Recorded assignment or lien documentation for assignees or lien holders (recorded assignment of mortgage or recorded judgment lien).
Power of attorney with proof the agent has authority (often requires a notarized POA and, for some filings, an original certified copy).
Government-issued photo ID for the claimant (driver’s license, passport) and proof of address.
Court orders granting authority to act (e.g., appointment as administrator, guardianship orders, orders ratifying sale or distribution).

How to obtain certified or official documents in Maryland

Recorded deeds and land-records copies: obtain via the county land-records office or the statewide portal at mdlandrec.net. Request certified copies if the clerk offers them.
Probate records, letters, and certified copies: contact the county Register of Wills or the Circuit Court clerk for the county where the decedent lived or where the property is located. See Maryland Courts: marylandcourts.gov.
Business formation, good standing, and certified copies: request from SDAT — SDAT.
Death certificates: request from the Maryland Department of Health or county vital records office.
Title reports: obtain from a licensed title company or title insurance agent.

Practical filing steps and common county requirements

Contact the office that holds the surplus (county tax office, sheriff’s office, or court clerk) to get the exact claim form and a list of required attachments. Counties often publish instructions online.
Include certified copies of primary documents (recorded deed, letters testamentary) as originals or certified true copies when requested.
Provide an affidavit of identity and relationship if you are claiming as an heir or successor. Notarize it.
If multiple people have an interest (co-owners, multiple heirs), provide a division agreement, written release from other claimants, or court order dividing the surplus.
Be mindful of deadlines. Some surplus claims must be made within statutory windows or the funds become escheat or otherwise disposed of. Check the relevant county or judicial procedure immediately.

Examples (hypotheticals)

Example 1 — Surviving spouse claiming surplus after tax sale: Provide the recorded deed showing the decedent as owner, certified death certificate, letters testamentary or letters of administration showing you as personal representative (or an affidavit of heirship if county permits), and your photo ID.

Example 2 — LLC claiming surplus: Provide certified articles of organization, a certificate of good standing from SDAT, a corporate resolution authorizing the claim signer, the recorded deed showing the LLC as owner, and government ID for the authorized signer.

When you may need an attorney

If multiple claimants dispute priority, the chain of title is complex, probate is open or contested, or the county rejects your claim, consult an attorney experienced in Maryland real property, probate, or tax-sale law. An attorney can prepare court pleadings when the surplus requires judicial allocation. This guide is educational only and not a substitute for legal advice.

Helpful Hints

Start by contacting the office holding the surplus (county sheriff, tax collector, or circuit court clerk) and ask for their surplus-claim checklist and forms.
Get certified copies where possible — photocopies are often rejected.
Search land records early to confirm the exact recorded owner names and dates.
If the owner died, obtain probate paperwork before filing a claim; counties often require it.
Keep a clear chain of title: if ownership transferred through multiple instruments, supply all necessary recorded instruments.
When claiming as a business, include the SDAT printout showing active status and the name of the authorized officer.
Keep original notarized affidavits and certified documents for submitting and for any follow-up.
Make and keep dated copies of everything you submit and send by certified mail or as required so you have proof of filing.

Disclaimer: This article explains general Maryland procedures and common documents used to prove ownership for surplus funds claims. It is educational only and not legal advice. Your situation may require a lawyer. For tailored legal guidance, consult a Maryland-licensed attorney.