Foreclosure Surplus Scams vs. Legitimate Help: How to Protect Yourself in 2026
Let's have an honest conversation about something that's been keeping me up at night: the explosion of foreclosure surplus scams in 2026.
If you've recently lost your home to foreclosure, or you're helping a family member navigate this situation, you might have money waiting for you. Real money. Sometimes tens of thousands of dollars. But here's the thing: scammers know this too, and they're getting more sophisticated every single day.
I'm not here to scare you. I'm here to arm you with the knowledge you need to protect yourself while still getting the help you deserve. So grab your coffee, and let's break this down together.
First Things First: What Are Foreclosure Surplus Funds?
Before we dive into the scary stuff, let's make sure we're on the same page about what we're actually talking about.
When your home goes through foreclosure and sells at auction, sometimes it sells for more than what you owed on your mortgage. That extra money? Those are surplus funds, and they legally belong to you (or your heirs).
Here's what surprises most people: you can often claim these funds yourself for under $100 in filing fees. The process isn't always simple, but the county isn't trying to keep your money from you. They're actually required to try and find you.
So why do scammers target surplus funds? Because many former homeowners don't even know this money exists, making them vulnerable to anyone who shows up with promises of "found money."
How Foreclosure Surplus Scams Actually Work in 2026
Let me paint a picture of what's really happening out there.
Within days, sometimes hours, of a foreclosure sale, former homeowners start receiving contact from strangers. Phone calls. Emails. Letters that look official. Some scammers even show up at your door.
They all say something similar: "We've discovered you have unclaimed surplus funds! We can help you get your money back!"
Sounds helpful, right? Here's where it gets ugly.
The Most Common Scam Tactics
Outrageous fees: Legitimate surplus recovery assistance shouldn't cost you 30%, 40%, or 75% of your funds. Yet that's exactly what many scammers charge. In Florida, legitimate companies are now capped at 12%, but scammers don't follow the rules.
Identity fraud: This one's particularly nasty. Scammers find people with the same name as the former owner and file claims pretending to be them. This is a widespread problem, especially in Florida where millions in surplus funds sit unclaimed.
Buying your claim for pennies: Some bad actors offer to "buy" your right to surplus funds outright. They might offer you $500 for a claim worth $15,000. Once you sign, that money is gone forever.
Pressure tactics: "You have to act NOW or you'll lose everything!" Sound familiar? Legitimate helpers don't pressure you into quick decisions.
Red Flags: Warning Signs You're Dealing with a Scam
Okay, let's get practical. Here are the foreclosure scam warning signs you absolutely need to know:
🚩 Unsolicited Contact After Foreclosure
Did someone reach out to you first? That's your first red flag. While it's not automatically a scam, legitimate county offices typically send official notices to your last known address: they're not cold-calling you.
🚩 Vague or Hidden Fee Structures
Ask directly: "Exactly how much will this cost me?" If they dance around the answer, get defensive, or the percentage seems absurd, walk away.
🚩 Requests for Upfront Payment
This is a big one. Legitimate surplus fund recovery services typically work on contingency: meaning they only get paid if you get paid. Anyone asking for money before doing any work is a major red flag.
🚩 Guaranteed Results
No one can guarantee you'll receive surplus funds. The process involves court filings, verification, and sometimes competing claims. Anyone promising "guaranteed money" is lying to you.
🚩 Pressure to Sign Quickly
"This offer expires today!" "You'll lose your rights if you don't act now!" These are manipulation tactics, plain and simple. You have time to research and make informed decisions.
🚩 Refusing to Provide Written Information
Legitimate companies have websites, written agreements, and verifiable credentials. If someone won't put their promises in writing, there's a reason.
What Legitimate Surplus Fund Help Actually Looks Like
Now for the good news: legitimate help absolutely exists. Here's how to spot the real deal.
Transparency about fees: Legitimate services clearly explain their fee structure upfront. In Florida, look for companies that adhere to the 12% fee cap.
No upfront costs: Reputable surplus fund recovery companies work on contingency. You shouldn't pay anything until you actually receive your money.
Verifiable credentials: Look for licensed professionals, established business addresses, and online presence you can verify.
Written agreements: Everything should be documented. If someone won't give you a written contract, that's not someone you want handling your money.
Patience: A legitimate helper understands this is stressful and gives you time to make decisions. They answer your questions without getting irritated or pushy.
Clear communication: You should understand exactly what's happening at every step of the process.
Your Protection Checklist for 2026
Let's turn this into action. Here's exactly what to do if you think you might have surplus funds:
Step 1: Go Directly to the Source
Contact your county sheriff's office or clerk of court directly. Use phone numbers from official government websites: never from a letter or call you received. Ask if surplus funds exist from your property sale.
Step 2: Verify Any Company That Contacts You
Before working with anyone, do your homework:
Search their company name + "scam" or "complaints"
Check the Better Business Bureau
Verify their physical address exists
Look for reviews from real people
Step 3: Understand Your State's Rules
Fee caps and regulations vary by state. In Florida, legitimate companies can't charge more than 12%. Know your state's rules so you can spot violations.
Step 4: Get Everything in Writing
Any legitimate service should provide:
A written contract explaining services
Clear fee disclosure
Timeline expectations
Your rights to cancel
Step 5: Trust Your Gut
If something feels wrong, it probably is. There's no harm in taking time to think, research, and ask questions.
How Heritage Surplus Solutions Does Things Differently
Look, I'll be honest with you: navigating surplus fund recovery on your own can be overwhelming. The paperwork, the court systems, the deadlines... it's a lot, especially when you're already dealing with the emotional weight of losing your home.
That's exactly why Heritage Surplus Solutions exists.
We built our service on three principles: Integrity. Expertise. Care.
What does that mean in practice?
No upfront fees. Ever. We only succeed when you succeed.
Complete transparency. You'll know exactly what's happening with your case at every step.
Compassionate support. We understand foreclosure is one of life's hardest experiences. We treat every client like family.
Legitimate, verified service. We're a real company with real people who genuinely want to help.
If you're wondering whether you might have unclaimed surplus funds, we're happy to help you find out: no pressure, no obligation.
The Bottom Line
Foreclosure surplus scams in 2026 are real, and they're targeting people during one of the most vulnerable times of their lives. But here's what I want you to remember:
You have rights. You have options. And you don't have to navigate this alone.
Whether you decide to file a claim yourself, work with a licensed attorney, or partner with a legitimate recovery service like Heritage Surplus Solutions, the most important thing is that you make an informed decision.
Don't let fear of scammers stop you from claiming money that's rightfully yours. Just be smart, do your research, and trust your instincts.
You've got this. And we're here if you need us.
Have questions about surplus funds or concerned about a company that contacted you? Reach out to Heritage Surplus Solutions: we're always happy to help point you in the right direction.
