Short answer

If a foreclosure sale of your mother’s property produced money left over after all liens, fees, and sale costs were paid (a “surplus” or “overage”), you or the person authorized to handle your mother’s legal affairs must ask the court or the sale trustee to release those funds. The exact process depends on whether the foreclosure was judicial (court-supervised) or nonjudicial (foreclosure by advertisement). Typical steps include confirming the surplus exists, assembling documentation (identity, proof of relationship or authority such as Letters Testamentary/Administration or a Power of Attorney), filing a written petition or motion in the court that handled the foreclosure (or with the county trustee/commissioner), serving interested parties, and attending a hearing. You may need to open an estate in probate if your mother is deceased before the court will release funds to heirs.

Detailed answer — what you need to know under Missouri law

1. First identify the type of foreclosure

Missouri uses both judicial foreclosures (filed in circuit court) and nonjudicial foreclosures by advertisement. Procedures for surplus funds differ:

• Judicial foreclosure: Surplus funds typically are handled through the court that entered the foreclosure judgment and ordered the sale.
• Foreclosure by advertisement (nonjudicial): A trustee or substitute trustee sells the property. If a surplus exists, the trustee or purchaser may be required to deposit the surplus with the court or county treasury, or notify interested parties; a separate petition may be needed to recover it.

See Missouri foreclosure statutes (Chapter 443) for the statutory framework: https://revisor.mo.gov/main/OneChapter.aspx?chapter=443

2. Confirm whether there is a surplus and where it is held

• Get the foreclosure sale report and final account from the court (judicial foreclosure) or request a trustee’s report (for by-advertisement sales). The sale papers show sale price, lien payoffs, costs, and any surplus.
• Contact the circuit clerk in the county where the sale occurred and the trustee or purchaser’s attorney to learn whether surplus funds were deposited with the court, sent to the county, or retained by the trustee.

3. Determine who can claim the surplus

• If the borrower (your mother) is alive: she is the primary person entitled to any surplus. If you act for her, you must have appropriate authority — a valid Power of Attorney or documented guardianship.
• If the borrower is deceased: the estate’s personal representative (executor or administrator) generally must claim the funds. If no one has been appointed, you may need to open a probate estate and obtain Letters Testamentary or Letters of Administration before the court will disburse funds to heirs.

See Missouri probate procedures and administration rules for details on appointing a personal representative: https://revisor.mo.gov/main/OneChapter.aspx?chapter=474

4. Prepare the right document — motion, petition, or application

The exact pleading name varies by court and by how the funds are held. Common filings include:

• Motion to determine and disburse surplus (filed in the foreclosure case if the funds are in that case’s registry).
• Petition to claim surplus proceeds (if the surplus was deposited with the circuit clerk or county treasurer).
• Ex parte application for release of funds (sometimes used where supporting documents are undisputed).

Your filing should include:

• Caption and case number of the foreclosure sale (or county reference number).
• Clear statement of the facts: identity of the former owner, sale date, amount of surplus, where the funds are held, relationships and why you are entitled.
• Request that the court determine entitlement and order disbursement of the surplus to you, the estate, or the appropriate party.
• Copies of supporting documents: proof of identity, the deed of trust/mortgage, the foreclosure sale report, death certificate (if applicable), Letters Testamentary or Administration, power of attorney, and any relevant probate paperwork or heirship documents.

5. Serve and notify interested parties

Missouri procedure typically requires giving notice to creditors and other lienholders who might have superior claims to the surplus. This often includes:

• The foreclosing mortgagee or trustee
• Junior lienholders
• Known creditors of the decedent (if deceased)
• Other parties with recorded interests

The court will advise on required service and any publication requirements. Accurate service protects your claim and reduces delays.

6. Attend the hearing or provide stipulated documentation

The court may schedule a hearing where parties can contest entitlement. If nobody contests and your paperwork is in order, the court may enter an order releasing the funds. If contested, be prepared to present evidence (documents, testimony) showing your right to the surplus.

7. If your mother is deceased — you will often need to administer the estate first

Most courts will only release surplus funds to a person with legal authority over the decedent’s assets. That means:

• Apply to probate (open an estate) and obtain Letters if no personal representative exists.
• If probate is not necessary because the surplus is small, some counties offer a simplified small‑estate affidavit procedure — check with the local clerk.

8. Timing and statute of limitations

Time limits vary. Prompt action is important because other creditors may assert claims, or distribution rules and deadlines may apply. Contact the county clerk or court to learn whether a statute of limitations or holding period applies to the surplus in your case.

9. Consider legal help

Because paperwork, notice, and probate issues can be complex, many people hire a Missouri attorney experienced in foreclosure, probate, or civil claims for surplus funds to prepare filings, serve parties, and represent them at hearing.

For more on Missouri foreclosure law, see Chapter 443 of the Revised Statutes of Missouri: https://revisor.mo.gov/main/OneChapter.aspx?chapter=443

Helpful Hints

• Get the foreclosure case number and sale date before doing anything — you will need them on filings and when speaking to court staff.
• Check whether the surplus is already on deposit with the circuit clerk; the clerk’s office can tell you whether funds exist and how they are held.
• If your mother is alive but incapacitated, confirm whether there is a valid durable Power of Attorney that authorizes you to manage real estate and banking matters — carry a certified copy when filing.
• If your mother is deceased, bring a certified death certificate and, if available, a copy of the will or any probate paperwork when you file your petition.
• Get certified copies of Letters Testamentary/Administration from the probate court if you are the personal representative — courts frequently require certified originals or certified copies.
• Serve all known lienholders and interested parties. If you don’t, they can later challenge the distribution and cause the funds to be re‑lodged with the court.
• Ask the clerk about local forms. Some Missouri counties have standard forms or local rules for surplus claims or small estate claims.
• Keep copies of everything you file and proof of service. Bring originals to any hearing.
• If a lender or purchaser is uncooperative about accounting for sale proceeds, you may need an attorney to file suit to compel an accounting.
• If the amount is small and the cost of an attorney would exceed it, ask the clerk about small‑claims or small‑estate options that may be faster and less expensive.

Local resources

Contact the circuit clerk in the county where the property was located for case records, or the county recorder/treasurer for sale accounting. For statutory text on Missouri foreclosures, see: https://revisor.mo.gov/main/OneChapter.aspx?chapter=443

Disclaimer

This article explains general steps and information about pursuing surplus funds after a foreclosure under Missouri law. It is educational and informational only and does not constitute legal advice. Laws change and every case is different. For advice tailored to your situation, consult a licensed Missouri attorney or the circuit clerk in the county where the foreclosure occurred.