Detailed Answer

This FAQ explains what documentation you typically need to prove ownership when filing a surplus funds claim in Nevada after a foreclosure or other judicial sale. This is an educational guide only and not legal advice. For case-specific help, consult a Nevada attorney or the county office that holds the surplus.

What are surplus funds?

Surplus funds (sometimes called overage or excess proceeds) are the money left over after a foreclosure or trustee sale when the sale price exceeds the total amount owed (mortgages, liens, costs, and fees). Nevada statutes and local court or county procedures control who can claim those funds and how to prove entitlement. See general foreclosure law in Nevada at the Nevada Revised Statutes Chapter 107 and related statutes: NRS Chapter 107 and NRS Chapter 40. HOA-related sales are covered in NRS Chapter 116.

Who can claim surplus funds?

Common claimants include the former record owner, junior lienholders, judgment creditors, heirs, a trustee of a trust that held title, or an assignee. Nevada procedure and the order of priority determine who has a superior claim. If the recorded owner died before or after the sale, an heir or personal representative may file a claim—but they must prove authority to act.

Core documentation you will likely need

Recorded deed or vesting instrument — the recorded grant deed, warranty deed, or other instrument showing the claimant was the owner of record at the time of sale. Obtain certified copies from the county recorder.
Title report or chain of title — an abstract or title report that shows the chain of ownership and any recorded liens or encumbrances.
Foreclosure sale documents — trustee’s deed upon sale, notice of sale, sale statement, or clerk records showing the sale created surplus funds. These may come from the trustee, the court, or the county office holding the funds.
Government-issued photo ID — to verify the identity of the person filing the claim.
Proof of mailing or service — copies of any notices you received or sent related to the foreclosure and your claim.

If the claimant is not the recorded owner: additional required documents

Different relationships require different evidence. Typical examples:

Heirs or personal representatives (deceased owner) — death certificate, will (if probated), letters testamentary or letters of administration from the probate court, or a small-estate affidavit if Nevada procedure allows. Certified probate court orders are often required.
Trusts — the trust agreement (or a certified excerpt), a Certificate of Trust, and documentation showing the trustee’s authority to act and that the trust owned the property at the sale.
Corporations or LLCs — articles of incorporation or organization, a corporate resolution or meeting minutes authorizing the claim, and a certificate of good standing from the Nevada Secretary of State: Nevada Secretary of State.
Power of Attorney or agent — a signed, notarized power of attorney that covers real estate matters and, when required, proof the POA was in effect at the relevant time. Nevada has specific rules about what POAs must include.
Assignees or purchasers of the right to claim — signable assignment documents showing transfer of the right to claim surplus and identification for both parties.

Practical documentary details and best practices

Always get certified or exemplified copies of recorded documents (recorder or court certified), not photocopies, unless the county accepts copies.
Include recent property tax statements or assessor records as corroborating evidence of ownership or possession.
If you rely on electronic recordings, obtain the county recorder’s certified printout showing the document number and recording details.
If a document is foreign (out-of-state) or from another court, get it apostilled or certified as required by the county.
Translate any non-English documents and include certified translations.
Organize everything in a cover packet with an index, and keep copies for your records.

Timing, filing location, and procedure

Procedure varies by county and by whether the sale was a trustee’s sale under NRS Chapter 107, a judicial foreclosure under NRS Chapter 40, or an HOA sale under Chapter 116. Many counties require claimants to file with the county treasurer, the court clerk, or the trustee who handled the sale. Because rules and statutory deadlines can differ, contact the county office that holds the funds or review local rules as early as possible.

See the Nevada statutes for foreclosure and related actions: NRS Chapter 107 (Trustee Sales and Foreclosure), NRS Chapter 40 (Actions Relating to Real Property), and NRS Chapter 116 (Condominiums and Common-Interest Communities).

Example (hypothetical)

Owner A lost the property in a trustee sale that produced surplus funds. Owner A died before filing a claim. Heir B wants the surplus. Heir B should gather Owner A’s death certificate, the will if probated, the probate court’s letters testamentary or a small-estate affidavit if applicable, a certified copy of the recorded deed showing Owner A’s ownership, a certified copy of the trustee’s deed upon sale, and government ID for Heir B. Heir B should file these with the county office holding the funds and include a signed claim form.

When to get help

If the chain of title is unclear, multiple parties claim the funds, or you face a tight deadline, consider hiring a Nevada attorney who handles real property or probate claims. An attorney can prepare and file required pleadings and help secure certified documents from recorders or courts.

Helpful Hints

Start at the county recorder and the court clerk where the property is located to learn exactly which department holds the surplus and which claim form to use.
Request certified copies of deeds and foreclosure documents from the county recorder or court; those carry more weight than plain photocopies.
If the owner is deceased, obtain certified probate paperwork early; informal affidavits may not be enough.
For trusts, provide a Certificate of Trust or a notarized trustee certificate rather than producing the entire trust instrument when possible.
Keep a complete index and copies of everything you submit. Note receipt numbers and the names of county staff you communicate with.
Watch for deadlines and local procedural requirements—missing a filing rule can forfeit your claim.
If multiple claimants exist, be prepared for contested proceedings; you may need to present evidence in court.

Disclaimer: This article is for general information only and does not constitute legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, contact a licensed Nevada attorney.