Skip to main content
How to avoidForeclosure
Get help

North Dakota · Get help now

How to claim foreclosure surplus funds in North Dakota

In North Dakota, a mortgage foreclosure goes through district court, and the sheriff's sale money pays the judgment and costs first. Any surplus must be brought into court, and you have to apply to the court to get it. Small amounts have a short deadline: if the surplus is under $1,000 and no one applies within 60 days after it is deposited, the court must give it to the county.

Free HUD counselor: (800) 569-4287

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

Ask for help in North Dakota

Free. A person replies with the options and official help that fit. Messages about a scheduled sale are answered first.

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.

How to claim surplus funds in North Dakota

  1. Sale money pays the judgment first

    At the sheriff's sale

    The proceeds pay the debt the court found due and the costs of the case. Any surplus must be brought into court and is subject to the court's order.

    N.D.C.C. § 32-19-10

  2. Apply to the court in your case

    As soon as the surplus is deposited

    Ask the clerk of district court in the county of your case whether a surplus was deposited and how much. Then file an application with the court in the same case asking that it be paid to you; no statewide court form for this was found.

    N.D.C.C. § 32-19-10

  3. Deadlines: 60 days for under $1,000

    60 days after deposit (under $1,000); 90 days (over $1,000)

    If the surplus is under $1,000 and no application is filed within 60 days after deposit, the court must order it forfeited to the county general fund. If it is $1,000 or more and not applied for within 90 days, the court may have it deposited at interest for you, still subject to the court's order.

    N.D.C.C. §§ 32-19-10, 32-19-11

  4. Other lienholders may claim first

    Before the court orders payment

    Because the surplus is paid only on the court's order, a second mortgage or judgment creditor with a lien on the home may ask the court for part of it. Watch for papers in your case and answer them.

    N.D.C.C. § 32-19-10

  5. Unclaimed property and finder fees

    Agreements void until 24 months after the money reaches the state

    For money held by the state unclaimed property administrator, a paid agreement to recover it is void if signed before 24 months after it was delivered, and later fees are capped at 10% with a written notice that you may get it from the state without charge. Be careful: you can apply to the court or the state yourself.

    N.D.C.C. §§ 47-30.2-68, 47-30.2-69

  6. Surplus after a property tax foreclosure

    If the county took your home for unpaid property taxes, the excess proceeds rule for tax deed sales applies, with a 90-day claim window. See our North Dakota property tax foreclosure page.

    N.D.C.C. § 57-28-20

What North Dakota law says about leftover sale money

Surplus after a mortgage foreclosure sale

If the sale brings in more than the judgment and costs, the extra money must be paid into court, and the court decides who gets it. You have to apply to the court for it. If the surplus is under $1,000 and no one applies within 60 days after it is deposited, the court must give it to the county. If it is $1,000 or more and no one applies within 90 days, the court may have it deposited at interest for you. Ask the clerk of district court in your case how to apply, and be wary of anyone who offers to claim it for a share.

N.D.C.C. §§ 32-19-10, 32-19-11

Common questions in North Dakota

What happens to a North Dakota foreclosure surplus under $1,000 if I do not apply?

If no one files an application with the court within 60 days after the surplus is deposited, the court must order it forfeited to the county's general fund. That is a short window, so contact the clerk of district court as soon as the sale happens. Legal Services of North Dakota may be able to help you file.

Does a North Dakota foreclosure surplus earn interest while it waits?

For a surplus of $1,000 or more that no one applies for within 90 days, the court may order it deposited at interest for your benefit. It stays subject to the court's order, so you still need to apply to the court to get it. Smaller amounts do not get this protection.

Is there a North Dakota court form to ask for foreclosure surplus?

No statewide self-help form for surplus was found on the North Dakota courts' site. You file a written application or motion in the foreclosure case asking the court to pay the surplus to you. The clerk of district court can tell you how to file, though staff cannot give legal advice.

Step by step

More on foreclosure in North Dakota

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 North Dakota

Property tax foreclosure Claim surplus funds (this page)

Back to the North Dakota overview

Free, official, nationwide

Free help anywhere in the country

Sources for this page

  1. N.D.C.C. ch. 57-20: Collection of taxes (due dates, penalties, installments, notice)
  2. N.D.C.C. ch. 57-28: Rights of county when lands not redeemed
  3. N.D.C.C. ch. 57-24: Sale of land for delinquent taxes (repealed)
  4. N.D.C.C. ch. 57-26: Redemption from real estate tax sales (repealed)
  5. N.D.C.C. ch. 47-30.2: Revised Uniform Unclaimed Property Act
  6. North Dakota Unclaimed Property (official state site)
  7. N.D. Century Code chapter 32-19: Foreclosure of real estate mortgages by action
  8. N.D. Century Code chapter 28-23: Sales under execution
  9. N.D. Century Code chapter 28-24: Redemption of real estate
  10. N.D. Century Code chapter 35-22: Foreclosure of mortgages of real property by advertisement
  11. N.D. Century Code chapter 47-32: Eviction
  12. N.D. Century Code chapter 51-15: Consumer fraud and unlawful credit practices
  13. N.D. Rules of Civil Procedure, Rule 12
  14. North Dakota Legal Self Help Center: Answering a Summons and Complaint
  15. North Dakota Legal Self Help Center: Finding a Lawyer
  16. North Dakota Legal Self Help Center home page
  17. NDHFA: What is the Homeowner Assistance Fund (HAF)?
  18. NDHFA: For Loan Customers
  19. NDHFA: HUD Approved Housing Counseling Agencies (Rev 5/25)
  20. ND Health and Human Services news release, May 8, 2026: Nearly $6M remains available in pandemic-era Homeowner Assistance Fund
  21. U.S. Treasury: Homeowner Assistance Fund
  22. North Dakota Attorney General: Consumer Resources
  23. North Dakota Attorney General: Consumer Complaints
  24. North Dakota Department of Financial Institutions: File a Complaint
  25. Legal Services of North Dakota
  26. Dakota Plains Legal Services
  27. ND Office of State Tax Commissioner: Primary Residence Credit
  28. ND Office of State Tax Commissioner: Homestead Property Tax Credit and Renters Refund