Mortgage foreclosure surplus

Nev. Rev. Stat. § 40.462 governs distribution of foreclosure-sale proceeds, including trustee sales under § 107.080: sale costs, secured debt, junior interests, then debtor or successor. Competing claims may be interpleaded. Section 40.462 has no fixed owner surplus-claim cutoff. Its 15-day response period after written demand concerns specified junior lienholders, not the owner; redemption periods govern the real property separately.

Tax sale surplus

Nev. Rev. Stat. § 361.610 governs sale of tax-deeded property and the county excess-proceeds account, including payment of allowed claims. A written claim for excess proceeds must be made within one year after the county treasurer’s deed is recorded (§ 361.610). After that period the statute directs disposition of the balance and bars a later refund.

Unclaimed funds

Nevada Uniform Unclaimed Property Act, Nev. Rev. Stat. ch. 120A; § 120A.640 governs owner claims to the State Treasurer. Section 120A.640 has no fixed initial owner-claim cutoff. The 90-day decision period runs against the administrator after a claim is filed, not against the owner.

Fee and practice notes

Tax overage fees are reported as capped at 10%, and mortgage foreclosure surplus fees at $2,500.

Statute text

Links to the statutes referenced in our research. These may be third-party copies of older code editions, so check the current official code before relying on them.

• Tax sale surplus statute
• Mortgage foreclosure statute