Skip to main content
How to avoidForeclosure

Montana · What this letter means

You got a Montana notice of surplus funds after a trustee's sale: what it means

If your home sold at a trustee's sale for more than the loan and sale costs, Montana law makes the trustee deposit the extra with the county clerk and recorder and mail you notice. The county treasurer holds it. Only a district court order releases it, so you must file a petition.

Reviewed October 12, 2026. General information, not legal, tax or financial advice.

Who sends it
The trustee, by mail to everyone who was sent the Notice of Trustee's Sale
What it starts
Your chance to petition the district court of that county for an order paying out the surplus
Do this first
Call the county clerk and recorder in the county of the sale and confirm the amount deposited

What this notice is in Montana

Under Mont. Code Ann. § 71-1-316, the trustee first pays the costs of the sale, including reasonable trustee's and attorney fees, and then the loan being foreclosed. Any surplus must be deposited with the clerk and recorder of the county where the sale took place, along with a written notice of the amount and a copy of the Notice of Trustee's Sale.

The trustee must mail copies of the surplus notice, the Notice of Trustee's Sale and the affidavit of mailing to each person who was sent the notice of sale. Once the money is deposited, the trustee has no further duty for it. The clerk and recorder deposits it with the county treasurer.

What it does and does not mean

  • It does not mean all the money is yours. Liens that were junior to the loan that was foreclosed, such as a second mortgage or a judgment lien, share in the surplus in the same order of priority they had on the home at the time of the sale (§ 71-1-316(3)(b)).
  • It does not mean the county will mail you a check. The district court decides the order of priority and issues a written order telling the county treasurer whom to pay (§ 71-1-316(3)(a)).
  • A lienholder who wins part of the surplus may also ask for its costs and attorney fees from the surplus (§ 71-1-316(4)).
  • It does not require a paid finder. You can file the petition yourself.

The deadlines and how to count them

  • File a petition asking for an order for disbursement in the district court for the county where the surplus is deposited (§ 71-1-316(3)(a)).
  • At least 20 days before the hearing, notice of your petition must be served on every person who was sent the surplus notice and anyone else who has appeared in the case (§ 71-1-316(3)(c)). Count calendar days back from the hearing date, and leave extra time.
  • Montana's statute does not set a last day to claim the money and does not say what happens if no one petitions. Do not wait.

The Montana surplus funds page explains each step.

What to do this week

  • Call the clerk and recorder and the county treasurer in the county of the sale. Ask how much was deposited and under what name.
  • Look up any other liens on the home (a second mortgage, judgment, or tax lien). Those holders may also claim the money.
  • Visit or call the Montana Court Help Program, a free service of the Montana Supreme Court, for legal information about filing a petition in district court.
  • Apply to Montana Legal Services Association at 1-800-666-6899 if a lienholder disputes your claim.
  • Keep your mailing address current with the trustee and the county, even if you move out of state.
  • Read after a foreclosure sale in Montana for your other rights after the sale.

Surplus finders and scam warnings

Once a sale record is public, people may offer to recover your surplus for a share of it. You do not need them to file a petition. For money that reaches the State as unclaimed property, Montana voids most finder fee agreements made before 24 months after the money is delivered to the State, except a deal with a lawyer to file a claim (§ 70-9-825).

  • Never sign over a share of your surplus before you know how much is there.
  • Ask the county yourself before you trust a letter that says money is waiting for you. See is this letter a scam.
  • Report a pushy or misleading offer to the Montana Office of Consumer Protection at the Department of Justice.

Common questions

Where is my surplus money held after a Montana trustee's sale?

The trustee deposits it with the clerk and recorder of the county where the sale took place, who then deposits it with the county treasurer (Mont. Code Ann. § 71-1-316(1), (2)). It is paid out only on a district court order.

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

Yes, if it had a valid lien on the home. Junior liens share in the surplus in the same order of priority they had on the property at the time of the sale, and a lienholder who is paid may also seek its costs and attorney fees (Mont. Code Ann. § 71-1-316(3), (4)).

Do I need a lawyer to claim surplus in Montana?

Montana law does not require one. You file a petition in the district court and serve notice at least 20 days before the hearing. The Montana Court Help Program and Montana Legal Services Association can help you understand the paperwork.

Other Montana letters

Sources

  1. Mont. Code Ann. § 71-1-316 (proceeds of sale, notice, surplus funds)
  2. Mont. Code Ann. § 71-1-315 (who is sent the notice of sale)
  3. Montana Judicial Branch: Court Help Program
  4. Montana Legal Services Association: Apply for services

Free, official, nationwide

Free help anywhere in the country

Ask a question

Need help avoiding foreclosure in Montana?

Tell us where things stand. A person reads every message and writes back with the options that fit your situation and the free, official help available in Montana.

  • Free. There is nothing to buy and no fee, ever.
  • No loan number, Social Security number or documents needed.
  • We are not your lender, a law firm or a government agency.

If a sale is days away, do not wait for an email. Call a free HUD-approved housing counselor now at (800) 569-4287.

For example: a sale date, what your servicer has told you, or what changed in your income. Please do not include your loan number, Social Security number or bank details.

Free, and there is nothing to buy. A person reads your message and replies by email, or by phone if you leave a number. We never ask for a fee and we do not sell your details. See the privacy policy.