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How to claim foreclosure surplus funds in Missouri

If a Missouri foreclosure sale brings in more than the loan and costs, the extra money may belong to you, but you usually have to ask for it. Most Missouri homes are sold by a trustee, and Missouri has no statute that sets a claim process for trustee's sale surplus, so you write to the trustee. After a court ordered sheriff's sale, Missouri law has the sheriff pay surplus into the county treasury, where you claim it through the county commission. Never pay up front to get money that you can claim yourself.

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

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How to claim surplus funds in Missouri

  1. The trustee holds surplus from a trustee's sale

    Right after the sale

    In a trustee's sale, the trustee collects the sale money, takes a commission capped by law, and pays out the rest as your deed of trust directs. We did not find a Missouri statute that sets how leftover trustee's sale money is claimed. In many sales the lender is the only bidder and bids the amount owed, so nothing is left over.

    RSMo § 443.360

  2. Ask the trustee in writing

    As soon as possible after the sale

    Write to the trustee named in the sale notice and ask for the sale price, the amounts paid to the loan, costs and other liens, and whether any money is left for you. Give a current mailing address and keep a copy of your letter. If the trustee will not answer, talk to legal aid or a lawyer.

  3. Other liens may be paid before you

    Holders of second mortgages, judgment liens and other recorded liens may also claim leftover money, usually in order of priority, before anything goes to the former owner. For sheriff's and tax sales, Missouri law pays former lienholders first by priority and then the owner, and sends disputes between claimants to circuit court.

    RSMo § 140.230

  4. Surplus after a sheriff's sale

    File a claim promptly; unclaimed money goes to the county school fund after 3 years

    When the sheriff sells real estate for a debt and gets more than the debt and costs, the sheriff reports the surplus under oath to the county commission and pays it into the county treasury. You file a written claim with the county commission and must give satisfactory proof that you are entitled to it; the county pays no interest. Money not claimed within 3 years becomes part of the county's permanent school fund.

    RSMo § 140.230

  5. Check Missouri unclaimed property

    Money held by a public office can be turned over after 3 years unclaimed

    Money a court or public office holds for you that stays unclaimed for more than 3 years is turned over to the Missouri State Treasurer. Search your name, and any past names, on the Treasurer's unclaimed property site. The Treasurer's Office says it never charges to return unclaimed property.

    RSMo § 447.532

  6. Rules on surplus finders and fees

    Be careful with anyone who contacts you offering to recover surplus money for a share of it. For money already sent to the State Treasurer, a fee deal made within 12 months is unenforceable, the fee is capped at 10, 15 or 20 percent depending on how long the State has held it, and paid recovery agents must register with the Treasurer. Missouri sets no fee cap for money still held by a trustee or county, so ask legal aid before signing anything.

    RSMo § 447.581

  7. Surplus after a tax sale

    Leftover money from a county collector's tax sale has its own 90 day claim deadline with the county commission. See the Missouri property tax foreclosure page for those steps.

    RSMo § 140.230

What Missouri law says about leftover sale money

Surplus after a mortgage foreclosure sale

We did not find a Missouri statute that sets a claim process for money left over after a trustee's sale. The trustee is paid a capped commission from the sale, and the deed of trust usually says how the rest of the money is paid out. Missouri Legal Services notes that the lender is often the only bidder and bids what is owed, so in many sales nothing is left over. If the home sold for more than the debt, write to the trustee named in the sale notice, ask whether any money is left after the loan, costs and other liens, and ask how to claim it. Be careful with anyone who offers to recover leftover money for a fee, and talk to legal aid first.

RSMo § 443.360

Common questions in Missouri

Can a Missouri county keep my surplus from a sheriff's sale?

Only if it goes unclaimed. Missouri law has the county treasurer hold the surplus for the people entitled to it, and it becomes part of the county school fund only if no one claims it within 3 years. File your written claim with the county commission as soon as you learn of the sale.

What if my second mortgage lender also claims the Missouri surplus?

For sheriff's and tax sales, the county commission pays recorded lienholders first by priority and then the former owner. If claimants cannot agree, the county commission asks the circuit court to decide in an interpleader case and pays the money into court. For a trustee's sale, the deed of trust and the trustee decide the order, so ask the trustee for a written accounting.

Is it legal for a company to charge me to get my Missouri surplus back?

For money already turned over to the State Treasurer, Missouri limits fees and voids fee deals made in the first 12 months. For surplus still held by a trustee or county, no Missouri fee cap was found, so a company could ask for a large share. You can write the letter or file the claim yourself, and free legal aid can help.

Step by step

More on foreclosure in Missouri

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What is happening and how much time there is.

Weigh your options

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

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

Also in Missouri

Property tax foreclosure Claim surplus funds (this page)

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Sources for this page

  1. RSMo § 140.010 Delinquent real estate, partial opt-in county
  2. RSMo § 140.100 Penalty against delinquent lands
  3. RSMo § 139.100 Collection of penalty for delinquent taxes
  4. RSMo § 52.230 Tax statements mailed to taxpayers
  5. RSMo § 140.150 Lands subject to sale, notices
  6. RSMo § 140.170 Publication of delinquent land list
  7. RSMo § 140.190 Period of sale, bids
  8. RSMo § 140.230 Foreclosure sale surplus
  9. RSMo § 140.250 Third offering, collector's deed
  10. RSMo § 140.340 Redemption
  11. RSMo § 140.405 Notice of right of redemption
  12. RSMo § 140.410 Deed within eighteen months
  13. RSMo § 140.420 Deed to purchaser if unredeemed
  14. RSMo § 140.640 Personal judgments not authorized
  15. RSMo § 141.230 Land Tax Collection Law, opt-in counties
  16. RSMo § 141.580 Confirmation of sale, proceeds
  17. RSMo § 137.1050 Senior homestead property tax credit (county option)
  18. RSMo § 447.532 Property held by courts and public officers
  19. RSMo § 447.581 Agreements to recover unclaimed property
  20. Missouri State Treasurer, Unclaimed Property
  21. RSMo § 443.290, Mortgages and security agreements with power of sale
  22. RSMo § 443.300, Death of debtor, foreclosure stayed
  23. RSMo § 443.310, Sales, where made, number of days' notice
  24. RSMo § 443.320, Notice, contents, how published
  25. RSMo § 443.325, Individual notice of foreclosure sale
  26. RSMo § 443.327, Times and places of trustee's sale
  27. RSMo § 443.355, Continuance of sale without readvertisement
  28. RSMo § 443.360, Compensation of trustees
  29. RSMo § 443.370, Penalty for overcharging
  30. RSMo § 443.400, Redemption before sale
  31. RSMo § 443.410, Foreclosures by trustee's sale, redemption
  32. RSMo § 443.420, Notice of redemption, how given
  33. RSMo § 443.430, Motion for approval of bond for redemption
  34. RSMo § 443.440, Certificate of sale, deed on failure to redeem
  35. RSMo § 443.454, Enforcement and servicing of real estate loans, local law preempted
  36. RSMo § 443.190, Petition to foreclose (judicial foreclosure)
  37. RSMo § 534.030, Unlawful detainer defined, foreclosure notice to tenants
  38. RSMo § 534.070, Complaint and summons, court date
  39. RSMo § 534.210, Merits of title cannot be inquired into
  40. RSMo § 534.330, Judgment for complainant
  41. RSMo § 534.350, Execution, when issued
  42. RSMo § 407.935, Foreclosure consultants, definitions
  43. RSMo § 407.937, Right to cancel contract
  44. RSMo § 407.938, Contract form and required notices
  45. RSMo § 407.940, Foreclosure consultants, unlawful acts
  46. RSMo § 407.943, Action against foreclosure consultant
  47. U.S. Court of Appeals for the Eighth Circuit, M&I Marshall & Ilsley Bank v. Sunrise Farms Development, LLC, No. 13-1479 (Dec. 13, 2013), describing Missouri deficiency law and First Bank v. Fischer & Frichtel
  48. Missouri Legal Services: Home Foreclosures
  49. Missouri Legal Services: Steps You Can Take to Avoid Foreclosure
  50. The Missouri Bar: Steps You Can Take to Avoid Foreclosure (brochure)
  51. Missouri Legal Services: Applying for Legal Aid
  52. SAFHR for Homeowners (Missouri HAF program)
  53. MHDC: Resources for Homeowners
  54. U.S. Department of the Treasury: Homeowner Assistance Fund
  55. Missouri Attorney General: Consumer Protection
  56. Missouri Division of Finance: Consumer Complaints
  57. The Missouri Bar: LawyerSearch
  58. Missouri Free Legal Answers
  59. Missouri Department of Revenue: Property Tax Credit