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How to claim foreclosure surplus funds in Montana

After a Montana trustee's sale, any money left over after the sale costs and the foreclosed loan does not stay with the trustee. The trustee deposits it with the county clerk and recorder, and the county treasurer holds it. To get it, you file a petition in the district court of that county, and the judge decides who is paid and in what order.

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Reviewed against Montana law and official sources on October 11, 2026. General information, not legal advice.

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How to claim surplus funds in Montana

  1. The trustee deposits the surplus with the county

    After the sale

    The trustee pays the sale costs and the loan first, then deposits any surplus with the clerk and recorder of the county where the sale took place, with a written notice of the amount and a copy of the sale notice. The clerk and recorder passes the money to the county treasurer, and the trustee has no further duty for it.

    Mont. Code Ann. § 71-1-316

  2. Watch for the surplus notice

    Mailed when the surplus is deposited

    The trustee must mail the surplus notice and the sale notice to everyone who was sent the notice of sale. Keep your mailing address current with the trustee and the county, and ask the clerk and recorder whether surplus was deposited if you think the home sold for more than you owed.

    Mont. Code Ann. §§ 71-1-315, 71-1-316

  3. Petition the district court

    Serve notice at least 20 days before the hearing

    You ask for the money by filing a petition in the district court for the county where the surplus was deposited. You must serve notice of the petition at least 20 days before the hearing on everyone who got the surplus notice or has appeared in the case. Junior lienholders share in the order of priority they had when the sale happened, and a lienholder who is paid may also ask for costs and attorney fees from the surplus.

    Mont. Code Ann. § 71-1-316

  4. Check Montana unclaimed property

    The Montana Department of Revenue runs the state's unclaimed property program, where you can search your name and any past names. Montana's surplus statute does not say what happens if trustee's sale surplus held by the county is never claimed, so do not wait.

  5. Rules on surplus finders and fees

    No fee deal for 24 months after money reaches the State

    Be careful with anyone who offers to recover your surplus for a share of it. For property presumed abandoned, a fee agreement made between the abandonment date and 24 months after the money is delivered to the State is void, except a deal with a lawyer to file a claim. Later agreements must be in writing, signed, and show the value before and after the fee, and a court can cut an unconscionable fee.

    Mont. Code Ann. § 70-9-825

  6. Surplus after a tax sale

    Surplus from a property tax deed auction is paid by the county treasurer, not through a court petition. See the Montana property tax foreclosure page for those rules.

    Mont. Code Ann. § 15-18-221

What Montana law says about leftover sale money

Surplus after a mortgage foreclosure sale

After a trustee's sale, money left over after sale costs and the foreclosed loan is deposited with the county clerk and recorder and held by the county treasurer. The trustee must mail a notice of the surplus to everyone who got the notice of sale. To claim it, you file a petition in the district court of that county, and the court decides who is paid and in what order.

Mont. Code Ann. § 71-1-316

Common questions in Montana

Can my second mortgage lender take part of my Montana surplus?

Yes, if it had a valid lien on the home. Junior lienholders are paid from the surplus in the same order of priority they had at the time of the sale, and a lienholder who wins may also recover its costs and attorney fees from the surplus. What is left after valid liens goes to the former owner.

Do I need a lawyer to claim Montana surplus funds?

Montana law does not require a lawyer, but the claim is a petition in district court with a hearing and a 20 day notice rule. Legal aid or the court's self help center may be able to help you with the paperwork. Do not sign over a share of your surplus to a stranger before you know how much is there.

Can I still claim Montana surplus if I have moved out of state?

Yes. For trustee's sale surplus, you file your petition in the district court of the county where the surplus was deposited, wherever you now live. For surplus from a property tax deed auction, the law says the county treasurer must pay the legal owner of record whether or not that person lives in Montana. Make sure the trustee and the county have your new mailing address.

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Also in Montana

Property tax foreclosure Claim surplus funds (this page)

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Sources for this page

  1. Mont. Code Ann. § 15-16-102 Time for payment, penalty for delinquency
  2. Mont. Code Ann. § 15-17-121 Definitions (tax lien)
  3. Mont. Code Ann. § 15-17-122 Notice of pending attachment of tax lien
  4. Mont. Code Ann. § 15-17-125 Attachment of tax lien
  5. Mont. Code Ann. § 15-18-111 Time for redemption
  6. Mont. Code Ann. § 15-18-112 Redemption from property tax lien
  7. Mont. Code Ann. § 15-18-211 Tax deed
  8. Mont. Code Ann. § 15-18-212 Notice that tax deed may issue
  9. Mont. Code Ann. § 15-18-219 Application for tax deed for residential property
  10. Mont. Code Ann. § 15-18-220 Sale at public auction
  11. Mont. Code Ann. § 15-18-221 Distribution of tax deed auction proceeds
  12. Mont. Code Ann. § 7-8-2303 Repurchase rights of taxpayer
  13. Mont. Code Ann. § 7-8-2306 Distribution of sale and lease proceeds
  14. Mont. Code Ann. § 70-9-825 Agreement to locate property
  15. Montana Department of Revenue, Unclaimed Property
  16. Montana Department of Revenue, Elderly Homeowner/Renter Credit
  17. Montana Department of Revenue, Land Value Property Tax Assistance Program
  18. Montana Code Annotated 2025, Title 71, Chapter 1, Part 3: Small Tract Financing Act (table of contents)
  19. Mont. Code Ann. § 71-1-312, Discontinuance of foreclosure when default paid
  20. Mont. Code Ann. § 71-1-313, Conditions for foreclosure by advertisement and sale
  21. Mont. Code Ann. § 71-1-315, Notice, sale, payment
  22. Mont. Code Ann. § 71-1-316, Disposition of proceeds of sale, surplus funds
  23. Mont. Code Ann. § 71-1-317, Deficiency judgment not allowed
  24. Mont. Code Ann. § 71-1-318, Trustee's deed
  25. Mont. Code Ann. § 71-1-319, Possession
  26. Mont. Code Ann. § 71-1-222, Proceedings in foreclosure suits
  27. Mont. Code Ann. § 71-1-232, Deficiency judgment not allowed on purchase price mortgage
  28. Mont. Code Ann. § 25-13-802, Time for redemption
  29. Montana Department of Commerce, Homeowner Assistance Fund
  30. Montana Division of Banking and Financial Institutions, Consumer Information (Foreclosure Prevention)