FAQ: Proving Ownership for a Surplus Funds Claim in Washington

Detailed Answer

When a foreclosure or sheriff’s sale produces money left over after the sale pays higher-priority liens, those leftover funds (“surplus” or “overage”) may be claimed by the person or entity with a legal right to them. In Washington, the rules for foreclosure and related procedures are primarily found in the Revised Code of Washington (RCW) chapters that govern nonjudicial and judicial foreclosures. See the foreclosure chapters for background: RCW 61.24 (nonjudicial foreclosures) and RCW 61.32 (judicial foreclosures). County procedures for distributing surplus vary, so always check the local county court or treasurer for exact filing steps.

To prove an ownership interest when filing a surplus funds claim in Washington, you will generally need two types of proof: (1) proof that you are the person or entity with the legal right to the funds (ownership, lienholder status, personal representative, authorized agent), and (2) documentary proof tying that right to the property and the sale. Below are the common documents courts, trustees, or county offices expect to see.

Core documents to prove ownership or legal right to surplus funds

Recorded deed(s): A certified copy of the recorded deed that shows you (or the claimant entity) as the owner of the property at the relevant time. Obtain certified copies from the county auditor/recorder where the property is recorded.
Chain of title documents: If ownership changed by sale, transfer, or assignment, include recorded deeds, assignments, grants, or other recorded instruments that show the full chain of title from the owner of record at the time of sale to you.
Trustee’s or sheriff’s sale record: A copy of the trustee’s deed, sheriff’s deed, sale report, or the sale record that shows the foreclosure sale produced surplus funds. This helps link the surplus to the specific sale.
Recorded lien and lien releases: If you are a secured creditor or a junior lienholder claiming surplus, include the recorded mortgage, deed of trust, trustee’s deeds, lien assignments, and any recorded lien releases or satisfactions demonstrating your position in the priority chain.
Identity documents: Government-issued photo ID for individual claimants (driver’s license, passport). Provide matching name and, if available, proof of prior addresses that tie you to the subject property.
Death and probate documents (if owner is deceased): Certified death certificate plus letters testamentary, letters of administration, or court order appointing a personal representative or executor. These documents show who may legally claim assets for the estate.
Power of attorney or agency documents: If you act for the owner, include a copy of the durable power of attorney or written agency authorization. If state or local rules require, provide a recorded or notarized power of attorney. If the claim involves a business, include corporate authorization (see below).
Corporate claimant documents: For a company or LLC, include the articles of incorporation/organization, a current certificate of good standing or status from the Washington Secretary of State, a corporate resolution or signed corporate authorization showing who may sign for the entity, and an incumbency certificate if required.
Probate, trust, or guardianship documents (if applicable): If the property is held in a trust, provide the relevant pages of the trust (often the signature and schedule that shows the property) and any trustee appointment documents. For guardianship or conservatorship, include court appointment orders.
Affidavit of ownership or affidavit of entitlement: Many counties or trustees require a signed (and sometimes notarized) affidavit describing your claim, your relationship to the owner, and the documents that prove your right to the funds.
Supporting evidence tying you to the property: Utility bills, property tax records, mortgage statements, insurance records, or other documents that link your name to the property and timeframe of ownership may help corroborate your claim.

How documents must be presented

Provide certified copies of recorded instruments when possible (county auditor or recorder certified copies carry more weight than uncertified copies).
Notarize affidavits and signatures as required by the county or court rules.
If filing through a court, follow local Superior Court procedures and file required forms; some counties publish a claimant packet or form for surplus claims.
If claiming as an agent, corporate officer, or personal representative, attach documentation that demonstrates your authority and include a copy of your government ID.

Common fact patterns and the documents you’ll need

Original owner still living: Recorded deed showing owner name; government ID; trustee/sheriff sale notice tied to the property.
Owner deceased, executor or administrator is claiming: Death certificate; letters testamentary or letters of administration; recorded deed or property tax records.
Beneficiary of a trust: Trust document excerpts showing the trustee and the schedule of assets, plus trustee ID and trust certification.
Assignee or purchaser of the owner’s interest: Assignment documents showing transfer of the owner’s interest and certified recorded instruments proving the transfer.
Corporate claimant: Certificate of good standing from Washington Secretary of State; corporate resolution or other authorization naming the signer; recorded deed or assignment that names the corporation.

Practical tips on timing and procedure

Act quickly. Some claims have deadlines or statutory limitations. Check the sale record and local rules right away.
Confirm the proper filing office. Surplus funds might be handled by the trustee, the county treasurer, or the county superior court depending on whether the foreclosure was judicial or nonjudicial and on local practice. Contact the county clerk, treasurer, or trustee for instructions.
Request certified copies early. County recorders can take time to process certified copy requests.
Keep originals safe and submit certified copies; retain certified copies for yourself.

Helpful Hints

Start at the county level. Visit the county auditor/recorder and county superior court websites for claimant forms and local procedures.
Get certified copies of any recorded documents. Certified records from the county are stronger than photocopies.
If the owner is deceased, get the death certificate and the probate or small estate documents showing who can claim assets.
If you are an agent or representative, bring both the underlying authority (power of attorney, corporate resolution, letters testamentary) and government ID for the person signing the claim.
Organize documentation into a clear packet: a cover letter, a one-page summary of your claim, certified copies of recorded instruments, identity documents, and the affidavit of claim. Clear organization reduces delays.
Keep a certified copy of the sale record (trustee’s deed or sheriff’s deed) that shows the surplus occurred. That document ties your claim to the correct sale.
If you are unsure who has priority for the surplus, consult an attorney or the county clerk before filing — multiple parties may claim the same funds and courts decide priority disputes.
Consider obtaining a title report or an abstract of title if the chain of ownership is complex. Title reports can identify recorded liens, transfers, and the owner of record at the time of sale.

Where to look in Washington law and local resources

Primary foreclosure statutes and procedures: RCW 61.24 (nonjudicial foreclosures) and RCW 61.32 (judicial foreclosures).
County recorder/auditor website — for certified copies of deeds and recorded instruments.
County superior court — local civil forms or clerk instructions for filing claims to surplus funds.
Washington Secretary of State — to obtain certificates of status for corporations and LLCs: https://www.sos.wa.gov/corps/.

Disclaimer: This article explains in general terms how claimants typically prove ownership for surplus funds claims in Washington. It is educational information only and not legal advice. Laws and local procedures change. For advice about a specific case, consult a licensed attorney or the county office handling the surplus funds.