Claiming Surplus Proceeds After a Foreclosure in New Hampshire: Step-by-Step FAQ

Short answer: You generally must file a motion in the court that handled the foreclosure sale (or with the court or clerk holding the surplus funds), prove your right to the money, serve interested parties, and obtain a court order directing distribution. If the property owner is deceased, a personal representative or heir will usually need to show authority to claim estate assets. This page explains the typical steps, required documents, and how to prepare your motion under New Hampshire procedures. This is general information only and not legal advice.

What is “surplus” money after a foreclosure?

When a foreclosure sale produces more money than is needed to pay the mortgage(s), sale costs, and any junior lienholders, the extra amount is called surplus or excess proceeds. New Hampshire law and court practice require that surplus be distributed to those who can show a lawful entitlement — usually the former owner (or the owner’s estate) or other lienholders with a valid claim.

Who usually holds the surplus?

Depending on how the foreclosure was handled, surplus may be held by the sheriff, a court registry, or the foreclosing party (trustee/agent). The foreclosure sale paperwork and the foreclosure judgment or deed usually identify where sale proceeds were deposited. If you don’t know where the funds are held, contact the clerk of the court that handled the foreclosure or the county sheriff’s office for the sale county.

Core steps to file a motion to determine your right to surplus proceeds

Identify the correct court and case. Find the foreclosure case number and the court (often the Superior Court or the county in which the property sat). Use the foreclosure deed, sale notice, or public records to locate the case.
Confirm who holds the funds. Call the court clerk or review the sale record to learn whether the funds are in the court registry, with the sheriff, or with the foreclosing lender/trustee.
Determine your legal status to claim funds. If your mother is deceased, identify whether her estate has an executor or administrator. If there is no estate administration, you may need to open a probate matter or obtain letters of appointment to prove you can act for the estate. If you are an heir and the estate is small, New Hampshire has simplified procedures for small estates — check Probate Court rules.
Gather supporting documents. Typical documentation includes:
- Death certificate (if owner deceased)
- Letters testamentary or letters of administration from Probate Court, or other proof of authority
- Copy of the mortgage, foreclosure judgment, deed of sale, and sale accounting
- Title records showing ownership at the time of sale
- Identification for claimant(s)
- Any documents showing other parties’ claims (e.g., junior lien paperwork)
Draft the motion (and proposed order). The motion should include:
- Case caption and case number
- A clear statement of who you are and your relationship to the decedent or former owner
- Facts showing why you are entitled to surplus (how you are owner, heir, or estate representative)
- Reference to where the funds are held and the surplus amount (if known)
- A request that the court determine rights to the surplus funds and order payment to you
- A proposed order the judge can sign
File the motion and pay any fee. File the motion with the clerk of the court that handled the foreclosure (or the court holding the funds). Ask the clerk whether any filing fees apply or whether the court will waive fees for estate matters in certain circumstances.
Serve interested parties. You must serve notice of your motion on all parties who may claim the funds. That typically includes the foreclosing lender/trustee, any junior lienholders listed in the foreclosure file, and other interested persons the court requires. Service rules follow New Hampshire court procedure — the clerk can advise on acceptable methods and timelines.
Attend the hearing and be ready with originals. The court will set a hearing (or may decide on papers). Bring originals or certified copies of your documents and be prepared to explain your relationship to the owner and why you have the superior claim. The court may order payment to you or require further proceedings if claims conflict.
If you lack authority, open a probate case. If your claim arises from a deceased owner and you are not yet the personal representative, the court may require that you first open a probate estate to obtain letters of administration or testamentary. After appointment, you can re-file or substitute the estate as claimant.

Special issues when the owner is deceased

If your mother died with a will, the executor named in the will should obtain letters from Probate Court.
If there is no will, an administrator for the estate must be appointed.
Smaller estates sometimes have simplified claims procedures in Probate Court — check with the county probate clerk.
Creditors and heirs all have potential interests; the court will resolve competing claims.

Common documents to attach to your motion

Death certificate (if applicable)
Probate letters or other proof of authority to act for the estate
Foreclosure sale documents (certificate of sale, deed, accounting)
Title or deed showing prior ownership
A proposed order directing distribution

Where to find New Hampshire forms and local rules

Procedures, required forms, and local filing rules can vary by county and by the court that handled the foreclosure. Useful state resources include the New Hampshire Judicial Branch self-help pages and the New Hampshire Revised Statutes Online:

When you should get an attorney

Consider hiring a lawyer if any of the following apply:

Multiple people claim the same surplus funds
There is a dispute over heirs or estate administration
Complex lien priority issues exist
You are unfamiliar with court filings or service rules
The amount is substantial and you want to protect your rights

Typical timeline

Timelines vary. After filing the motion and completing service, the court will schedule a hearing or rule on the papers — this can take weeks to months. If you must open a probate estate first, add the time needed for probate appointment and then re-filing the motion.

Possible outcomes

The court orders payment of surplus to you (or to the estate).
The court denies the motion because you lack authority or another claimant has priority; it may instruct you to open probate or allow competing parties to be heard.
The court can order an accounting, further discovery, or additional notice to other potential claimants before deciding.

Helpful Hints

Start by getting certified copies of the foreclosure deed, sale certificate, and any sale accounting from the court or county clerk.
If the owner is deceased, get a certified copy of the death certificate early — you will likely need it for probate and for the motion.
Contact the court clerk before filing to confirm where funds are held and local filing procedures.
Prepare a clean, short factual affidavit to attach to your motion to explain your relationship and the chain of title.
List and serve all parties identified in the foreclosure record and ask the clerk whether publication or additional notice is required.
If you expect other claimants, consider hiring an attorney for contested hearings or to coordinate probate and surplus claims.
Keep copies of everything and track service dates — deadlines matter.

Disclaimer: This article explains general steps under New Hampshire procedures but is not legal advice. It does not replace consultation with an attorney licensed in New Hampshire. Laws and court processes change; if your claim is time-sensitive or contested, consider speaking with a lawyer or contacting the court clerk for procedural guidance.