Short answer

If a foreclosure sale of your mother’s property produced money left over after the mortgage, costs, and lienholders were paid, you will need to ask the court that handled the foreclosure to release those surplus funds. In Massachusetts that usually means filing a motion or petition in the foreclosure case and providing proof that you are the person entitled to the funds (for example, the decedent’s personal representative or heir). If no one claims the surplus, the funds may eventually become unclaimed property. This is general information, not legal advice.

Detailed answer — step-by-step

1. Confirm whether a surplus exists and find the right case file.

   Start by obtaining the foreclosure sale paperwork. Find the court where the foreclosure was handled (the complaint, docket number, and sale order). You can get records from the court clerk where the foreclosure case was filed or from the county Registry of Deeds where the property is recorded.

   Helpful links:

   • Massachusetts General Laws on foreclosure procedures (Chapter 244): https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter244
   • Massachusetts Registries of Deeds (search local office): https://www.mass.gov/topics/registry-of-deeds
2. Figure out who has the legal right to claim the funds.

   Because the property owner is deceased, you must determine whether you are the estate’s personal representative (executor or administrator) or an heir. Courts typically release surplus funds only to the person with legal authority to receive the decedent’s assets. That usually requires probate authority (letters testamentary or letters of administration).

   See the Massachusetts probate code for how estate representation works: M.G.L. c. 190B, and the Probate & Family Court information: https://www.mass.gov/orgs/probate-and-family-court.

3. Gather supporting documents.

   Typical documents to attach to a motion or petition include:

   • Certified death certificate for your mother.
   • Proof of your relationship (e.g., birth certificate) and identity.
   • Letters testamentary or letters of administration from the Probate Court, if available.
   • Foreclosure sale order, final accounting, and any clerk’s disbursement records showing a surplus.
   • Title documents, mortgage, and lien information (to show amounts paid out at sale).
4. Prepare and file the proper motion or petition in the foreclosure case.

   The paper you file is commonly called a “motion for distribution of surplus funds,” “motion to determine right to surplus funds,” or a petition to the court that handled the foreclosure. The filing should ask the court to determine who is entitled to the surplus and to order the clerk to release the funds to that person or entity.

   Include:

   • A clear statement of what you ask the court to do.
   • A summary of the foreclosure sale and the amount of surplus claimed.
   • All supporting documents listed above.
   • A proposed form of order the judge can sign.
   • Proof of service (see next step).

   File the motion in the court that entered the foreclosure judgment or supervised the sale. If you cannot find a court case, start at the Registry of Deeds to identify the sale and then contact the court clerk in the county where the property sits.

5. Serve interested parties.

   Massachusetts procedure requires you to serve notice of your motion on anyone with an interest in the foreclosure: the foreclosing mortgagee, junior lienholders, and any other parties listed in the foreclosure case. Follow the court’s rules for service and file a certificate of service with your motion.

6. Attend the hearing and obtain an order for distribution.

   The court may schedule a hearing. At the hearing, the judge will decide who is legally entitled to the surplus. If the judge grants your motion, the court will enter an order directing the clerk or the party holding the funds to pay out the surplus according to the order.

7. If no one claims the funds or you discover they were turned over to the state.

   If the surplus was not claimed and the funds have been turned over as unclaimed property, you must make a claim to the Massachusetts Unclaimed Property division (Treasurer’s Office). See: https://www.mass.gov/unclaimed-property.

Key legal points to keep in mind

• Only the court that handled the foreclosure can direct distribution of funds from a judicial foreclosure sale. Consult the foreclosure case docket for the correct venue. See M.G.L. c. 244 for foreclosure procedures: Chapter 244.
• If the decedent’s estate has been opened in Probate Court, the personal representative must act for the estate. The Probate Court issues letters showing that authority. See M.G.L. c. 190B: Chapter 190B.
• Proper notice to all lienholders and parties is important. Failure to serve may delay the claim or result in denial.
• Time limits and local court practices can differ. If the surplus has been unclaimed for a long time it might have been transferred under state unclaimed property rules; check with the Massachusetts Treasurer’s Unclaimed Property unit: https://www.mass.gov/unclaimed-property.

Helpful hints

• Contact the court clerk first — they can tell you the case number, the name of the judge, and local filing procedures.
• Get certified copies of the death certificate and the foreclosure sale order; courts prefer certified documents.
• If you are not the executor/administrator, consider opening a probate matter or getting a court order that authorizes you to claim the surplus.
• Make a list of all possible lienholders (tax liens, second mortgages) and serve them — the court will want to know everyone had notice.
• Prepare a short, clear proposed order the judge can sign to speed up the process.
• Keep a record of every communication, filing receipt, and proof of service.
• If the amount is significant or the parties dispute entitlement, strongly consider hiring a Massachusetts attorney who handles probate and foreclosure matters.

Where to get help

• Contact the clerk of the court that handled the foreclosure for procedure and filing requirements.
• Massachusetts Probate & Family Court: https://www.mass.gov/orgs/probate-and-family-court.
• Massachusetts Unclaimed Property (Treasurer): https://www.mass.gov/unclaimed-property.
• For statute text and research: Massachusetts General Court — M.G.L. Chapter 244 (foreclosure) and Chapter 190B (probate):
  • M.G.L. c. 244
  • M.G.L. c. 190B

Disclaimer

This article provides general information about Massachusetts procedure for claiming surplus proceeds from a foreclosure sale. It is not legal advice and does not create an attorney–client relationship. Laws and local court procedures change. For advice tailored to your situation, consult a Massachusetts attorney experienced with foreclosure and probate matters.