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How to claim foreclosure surplus funds in Maine

Maine mortgage foreclosures go through court, and the lender runs the public sale after the 90-day redemption period. The lender must pay out the sale money as the judgment orders, file a report of sale with the court, and mail you a copy. Any surplus must be paid to you, or held by the clerk of courts if you never appeared in the case.

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Reviewed against Maine law and official sources on October 12, 2026. General information, not legal advice.

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How to claim surplus funds in Maine

  1. Get the report of sale

    Filed within 90 days after the sale or 45 days after the deed, whichever is earlier

    The lender must file a report showing the sale price and how the money was paid out, and mail you a copy. If the lender misses the deadline, it loses the right to ask for a deficiency judgment.

    14 M.R.S. § 6324

  2. Know who is paid before you

    The lender first takes out the costs of the sale, then pays the amounts set in the foreclosure judgment, which can include other lienholders who were parties. What is left is the surplus.

    14 M.R.S. §§ 6322, 6324

  3. Contest the accounting if it looks wrong

    30 days after you receive the report

    You or any party can file a motion in the court case challenging the accounting. A challenge can only get you money; it cannot undo the buyer's title.

    14 M.R.S. § 6324

  4. Collect the surplus

    Paid after the sale; held 6 months by the clerk if you did not appear

    The surplus must be paid to you or your heirs. If you never appeared in the case yourself or through a lawyer, it goes to the clerk of courts, who holds it for 6 months. Contact the clerk at the court that heard your case and ask how to claim it.

    14 M.R.S. § 6324

  5. After 6 months it goes to the Treasurer of State

    6 months after the clerk receives it

    If no one claims the surplus from the clerk, it is paid to the Treasurer of State and handled under the unclaimed property law. You can search Maine's unclaimed property list and claim it for free.

    14 M.R.S. § 6324

  6. Limits on fees to find your money

    Fee deals void until 24 months after transfer

    Once money is with the state, a deal to pay someone to recover it is void if signed before 24 months after the transfer. Fees in deals made 24 to 36 months after transfer cannot exceed 15 percent, and an unfair fee can be reduced by a court.

    33 M.R.S. § 2201

  7. Lost your home for unpaid taxes instead?

    A town that takes a home through tax lien foreclosure follows a separate process for paying excess sale proceeds. See the Maine property tax foreclosure page.

    36 M.R.S. § 943-C

What Maine law says about leftover sale money

Surplus after a mortgage foreclosure sale

After sale costs and the amounts in the judgment are paid, any surplus must be paid to you or your heirs. If you never appeared in the court case and had no lawyer in it, the surplus is paid to the clerk of courts, who holds it in escrow for six months. If no one claims it by then, the clerk pays it to the Treasurer of State, where it is handled as unclaimed property. The lender must file a report of the sale with the court and mail you a copy.

14 M.R.S. § 6324

Common questions in Maine

What if I did not respond to my Maine foreclosure case?

Then the surplus is not paid to you directly. It goes to the clerk of courts, who holds it for six months for you or your heirs. Contact the clerk at the court where the case was filed as soon as you learn about the sale.

Can my heirs claim surplus from a Maine foreclosure?

Yes. Maine law says the surplus is paid to the mortgagor or the mortgagor's successors, heirs or assigns. Heirs should contact the court clerk or, after six months, the state unclaimed property program, with proof of their right to the money.

Is it legal for a company to charge a big fee to recover my Maine surplus?

Once the money is with the state, Maine voids fee deals signed within 24 months after the transfer and caps fees at 15 percent for deals made 24 to 36 months after. Charging in violation of these rules is an unfair trade practice. Before that, you can claim from the clerk yourself.

Step by step

More on foreclosure in Maine

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

Also in Maine

Property tax foreclosure Claim surplus funds (this page)

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Sources for this page

  1. 36 M.R.S. § 505: Assessment; interest on delinquent taxes
  2. 36 M.R.S. § 841: Abatement, including hardship or poverty
  3. 36 M.R.S. § 942: Tax lien certificate; procedure
  4. 36 M.R.S. § 943: Tax lien mortgage; redemption; foreclosure
  5. 36 M.R.S. § 943-C: Sale of foreclosed properties
  6. 36 M.R.S. § 946-B: Tax-acquired property and restriction of title action
  7. 36 M.R.S. § 6251: Deferral of tax on homestead
  8. P.L. 2023, c. 640 (L.D. 2262), An Act to Amend the Process for the Sale of Foreclosed Properties
  9. 33 M.R.S. § 2141: Unclaimed Property Fund
  10. 33 M.R.S. § 2201: Agreements to locate property
  11. Maine Recovery and Jobs Plan: State Property Tax Deferral Program
  12. Maine unclaimed property search
  13. 14 M.R.S. § 6111, Notice of mortgagor's right to cure
  14. 14 M.R.S. § 6321, Commencement of foreclosure by civil action
  15. 14 M.R.S. § 6321-A, Foreclosure mediation program
  16. 14 M.R.S. § 6322, Hearing and judgment (redemption period)
  17. 14 M.R.S. § 6323, Sale following expiration of period of redemption
  18. 14 M.R.S. § 6324, Proceeds of sale
  19. 32 M.R.S. ch. 80-B, Foreclosure Purchasers
  20. 32 M.R.S. § 6195, Cancellation
  21. 32 M.R.S. § 6198, Prohibited practices
  22. Maine Judicial Branch, Foreclosure Diversion Program
  23. Maine Judicial Branch, Foreclosure help
  24. Maine Bureau of Consumer Credit Protection, Foreclosure Resources
  25. MaineHousing, After Helping Thousands, Maine HAF Program Draws To A Close