How to Determine If Surplus Funds Remain After a Missouri Foreclosure Sale
Detailed Answer
In Missouri, foreclosure sales can generate surplus funds when the sale price exceeds the outstanding debt and sale costs. If the property sells for more than the judgment balance plus fees, the Circuit Clerk holds the excess funds for the party entitled to them.
1. Review the Statutory Right to Surplus Funds
The Missouri Revised Statutes state that “if any purchaser at a foreclosure sale shall pay more than the sum of the adjudged debt and the costs and expenses of the sale … the excess shall be paid to the person entitled thereto.” (Mo. Rev. Stat. § 443.533).
2. Check the Circuit Clerk’s Foreclosure File
Contact the Circuit Clerk’s Office in the county where the property lies. Request access to the foreclosure case file or docket sheet. Look for entries titled “Distribution of Sale Proceeds,” “Registry Funds,” or “Surplus Funds.” These entries show whether the clerk holds surplus funds pending a claim.
3. Search Missouri Case.net
Missouri’s online case management portal provides public access to many civil dockets:
Search by the former owner’s name or foreclosure case number. Review docket entries for orders on surplus funds. Case.net will note when funds enter the court registry and any subsequent distribution orders.
4. Search the State Unclaimed Property Database
If no one claims surplus funds within six months after the sale, the clerk transfers them to the County Treasurer as unclaimed property. Use the Missouri State Treasurer’s searchable database at unclaimed.mo.gov to see if the former owner or lienholder has funds waiting.
5. Observe the Six-Month Claim Period
Under Mo. Rev. Stat. § 443.533, interested parties must file a motion for distribution within six months after the sale. Missing this deadline can convert surplus funds into unclaimed property.
Helpful Hints
- Gather the legal description and foreclosure case number before your search.
- Request certified docket entries or a copy of the clerk’s order for surplus funds.
- Use certified mail for any claims to prove the court received your filings.
- If you can’t find the case online, visit or call the Circuit Clerk’s Office directly.
- Consider consulting an attorney if multiple parties dispute the surplus funds.