Frequently Asked Questions

Surplus funds (also called "excess proceeds" or "overage funds") are the leftover money generated when a property is sold at a foreclosure auction for more than the total debt owed — mortgage balance, taxes, fees, and costs combined.

By law, this excess money belongs to the former homeowner (or, in some cases, junior lienholders). However, the funds are held by the court or county and must be formally claimed. If no one claims them, they eventually escheat to the state.

If your home was foreclosed and sold at auction within the last few years, there's a real possibility that surplus funds exist in your name. The same may apply to heirs of a deceased relative whose property was foreclosed.

The only way to know with certainty is to check the official court records of the foreclosure. We can do this for you at no cost during our initial consultation.

Unclaimed estate funds include any assets that belonged to a deceased person but were never properly distributed to their rightful heirs — dormant bank accounts, uncashed checks, forgotten safe deposit box contents, or proceeds from estates that were never fully settled.

These often end up with state treasuries as "unclaimed property." We help identify rightful heirs and recover what's legally theirs.

Deadlines vary significantly by state — typically ranging from one to several years after the foreclosure sale. Some states require a formal court motion within a strict window; others allow longer claim periods.

Because the timeline depends entirely on your state's legislation, we recommend reaching out as soon as possible. Acting quickly protects your right to recover.

Tax treatment depends on your specific situation and is determined by federal and state tax law, not by us. In many cases, surplus funds from a foreclosure are considered a return of your equity in the property and may not be taxable as income — but exceptions exist.

We strongly recommend consulting a qualified tax professional before filing your return. Hexagone Heritage does not provide tax advice.

We work on a contingency basis — meaning you pay nothing upfront and nothing out of pocket. Our fee is a percentage of the funds actually recovered, and it's only deducted at the moment your funds are disbursed.

The exact percentage is agreed upon in writing before any work begins, depending on the complexity of the case and the state involved. If we don't recover anything, you owe us nothing.

No. Hexagone Heritage is an asset recovery firm, not a law firm. We do not provide legal advice.

However, depending on the state and the nature of your case, we operate in one of two ways: either directly on your behalf through a signed Power of Attorney (POA), or in partnership with a licensed local attorney when state law requires legal representation. This flexibility ensures every case is handled in full compliance with local rules.

You absolutely can pursue surplus funds on your own — and in some straightforward cases, that may be the right choice. We're transparent about that.

Where we add value: the process often involves locating records, navigating court procedures, meeting strict deadlines, drafting motions, responding to objections from other claimants, and (in many states) requiring an attorney. For most people, the time, complexity, and risk of procedural errors make professional handling worthwhile — especially since our fee is taken only if we win.

Yes. Asset and surplus funds recovery is a fully legal and regulated activity in the United States. Each state has its own rules — some require recovery agents to register, others cap the percentage we can charge, and many require attorney involvement.

We comply with the legal requirements of each jurisdiction where we operate. When a state mandates attorney representation, we work with a licensed local attorney rather than acting alone.

To get started, we typically need: your full name, contact information, the state where the foreclosure or estate took place, the approximate date if known, and the property address (for surplus funds) or the deceased's name (for estate cases).

As the case progresses, we'll request standard documents like a government-issued ID, proof of identity, and any documentation linking you to the property or estate. We never ask for sensitive financial information you wouldn't share with a professional.

Most cases resolve within 3 to 9 months from the moment we begin formal proceedings. Simple, uncontested cases can be faster; complex cases involving multiple heirs, contested claims, or backed-up court dockets can take longer.

We provide a realistic timeline estimate after reviewing your specific situation, and we keep you informed at every stage.

Once the contingency agreement and authorization documents are signed, we immediately begin formal work: filing the claim, drafting motions, coordinating with the court (and with our partnering attorney when applicable), and managing all required correspondence.

You'll receive regular updates and won't need to take any further action unless the court specifically requests information only you can provide (such as identity verification).

Once the court or holding agency approves the release, funds are typically disbursed by check or wire transfer. Our agreed-upon fee is deducted at that point, and you receive the net amount.

You'll receive a full accounting showing the gross recovery, the fee deducted, and the net amount paid to you.

Most states grant a mandatory cancellation period (often 3 to 5 business days) after signing, during which you can rescind the agreement with no obligation. The exact terms are spelled out clearly in the contract you receive.

After that period, cancellation terms vary. We always encourage clients to review the agreement carefully and ask any questions before signing — and never to sign anything they don't fully understand.

Competing claims happen — typically from other heirs, junior lienholders, or other parties asserting an interest in the funds. When that occurs, the court determines the rightful distribution based on documentation and applicable law.

If your case becomes contested, we evaluate it carefully and, when needed, involve a partnering attorney to defend your claim. The contingency model continues to apply: no recovery, no fee.