If you believe you are entitled to surplus proceeds after a foreclosure sale in Massachusetts, you must prove you owned or held a legal right to the property at the relevant time. Below is a clear, step-by-step FAQ-style guide to the common documentation and evidence claimants should gather when filing a surplus funds claim in Massachusetts.
Detailed Answer — What documentation proves ownership for a surplus funds claim in Massachusetts?
1. Core documents that most often establish ownership
- Recorded deed(s): A certified or recorded copy of the deed that shows you as the owner of record at or before the foreclosure sale. (A chain of title may be necessary if ownership changed recently.)
- Mortgage and assignment records: If you claim as a secured creditor or assignee of the mortgage, provide the mortgage, any recorded assignments, or recorded lien documents that establish your interest.
- Title report or registry-of-deeds prints: A current certified search or printout from the Registry of Deeds showing the recorded instruments, grantor/grantee entries, and documentary references that reflect your ownership.
2. Identification and identity confirmation
- Government-issued photo ID: Driver’s license or passport for the claimant.
- Social Security / Tax ID information: Often a last 4 of SSN or EIN is requested to confirm claimant identity; do not send full SSN unless specifically required and secure.
- Affidavit of identity / ownership: A notarized affidavit from the claimant that confirms name, relationship to the property, and basis for the claim.
3. Supporting proof of relationship to the property
- Tax bills / property tax receipts: Bills or receipts in the claimant’s name showing the property address and year(s) of payment.
- Utility bills or homeowner insurance declarations: Documents showing occupancy or payment responsibility at the property address.
- Closing statements / settlement statements: HUD-1 or closing documents that show when and how you acquired the property.
- Mortgage statements or payoff letters: If you were the mortgagor, statements showing the loan number and your name.
4. If the owner is deceased or the claimant represents an estate
- Death certificate: Certified copy of the decedent’s death certificate.
- Probate documents: Letters testamentary, letters of administration, or a court order appointing the personal representative.
- Estate account records: Documents demonstrating the representative’s authority to collect assets for the estate.
5. If a power of attorney, trustee, or corporate claimant is filing
- Power of attorney: A valid, notarized, and (if required) recorded POA showing authority to act for the owner. Confirm whether the original or certified copy is required where you file.
- Corporate documents: Articles of organization/incorporation, corporate resolution, certificate of good standing, and evidence of the officer authorized to act.
- Trust documents: Trust agreement and trustee certificate showing trustee authority to claim funds.
6. Documents needed when another lienholder claims the surplus
- Recorded judgments, mechanic’s liens, or other recorded liens with proof of priority and assignment.
- Payoff statements and assignments showing who holds the mortgage or lien at the time of the sale.
7. Procedural and filing evidence
- Notice of sale and foreclosure paperwork: Copy of the notice of sale, auction paperwork, or sheriff/auctioneer report showing sale date and resulting surplus.
- Court docket or case number: If the foreclosure was conducted through the courts, include the docket number and court filings.
- Claim form / motion / affidavit: Many courts or registries require a specific claim form or a motion with attached affidavit describing your claim to the surplus funds.
8. Where the law addresses surplus proceeds
Massachusetts law governs disposition of surplus proceeds after a foreclosure sale. A key statute is Massachusetts General Laws, Chapter 244, which addresses foreclosure by sale and the disposition of surplus proceeds. See M.G.L. c.244, Section 14 for statutory language about applying surplus to outstanding liens and rights of claimants: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleI/Chapter244/Section14.
9. Practical presentation tips
- Provide certified copies of recorded deeds and probate papers rather than uncertified photocopies when possible.
- Organize documents in chronological order and include a short cover affidavit summarizing your evidence and the relief requested.
- Bring originals to hearings or in-person filings; file certified copies and keep originals safe.
- Include contact information and a clear statement of the amount you claim if asked to quantify the surplus entitlement.
10. Common issues and pitfalls
- Missing recorded evidence: If you rely on an unrecorded agreement or oral transfer, courts generally give priority to recorded instruments.
- Incorrect claimant name: Ensure the claimant name on documents exactly matches the identification you provide (e.g., legal name vs. nickname).
- Expired authority: Power of attorney or corporate resolutions must be current and valid at the time the claim is filed.
Helpful Hints
- Start at the Registry of Deeds: Obtain certified copies and the chain of title for the property at the county registry of deeds serving the property. Registry pages and regional info are available at Mass.gov’s Registry of Deeds: https://www.mass.gov/orgs/registry-of-deeds.
- Request certified copies early: Obtaining certified recordings, probate documents, or death certificates can take weeks—order them early.
- Use a clear affidavit: A short notarized affidavit that explains your relationship to the property and lists attached documents makes a claim easier to review.
- File where required: Confirm whether the surplus claim should be made to the foreclosing party, the court that handled the foreclosure, or through a specific local procedure.
- Keep originals secure: Bring originals to any hearing but file certified copies unless asked to submit originals.
- Consider professional help: A real estate attorney, probate lawyer, or title company can help assemble evidence and file a proper claim if the situation is complex.
Disclaimer: This article explains typical documentation and procedures under Massachusetts law for informational purposes only. It is not legal advice. For advice specific to your situation, consult a licensed Massachusetts attorney.