Surplus Funds Proof of Ownership – New Hampshire

Detailed Answer: What documentation proves ownership when filing a surplus funds claim in New Hampshire?

Short answer: To claim surplus funds after a foreclosure or sheriff’s sale in New Hampshire you must prove you are the lawful owner (or the person entitled to the owner’s interest). The strongest proof is a certified, recorded deed showing you as the owner of record. If you are not the owner of record, you will need documents showing your legal right to the property interest (e.g., letters testamentary, probate order, trust documents, assignment, power of attorney, corporate resolution). Always include government-issued photo ID and a notarized claim form or affidavit. This article explains the common types of documents the court or sheriff will expect and steps to assemble them.

How surplus funds claims usually work in New Hampshire

After a foreclosure sale or other judicial sale, if the sale brings more than the amounts owed (mortgage, fees, costs), the excess (surplus) may be held by the sheriff, the court, or a registry until a proper claimant is identified. The process and deadlines vary with the type of sale and local practice. For statute reference and to locate statutes that govern foreclosure and related procedure, see the New Hampshire Revised Statutes Online: https://www.gencourt.state.nh.us/rsa/html/. For court forms and local filing rules consult the New Hampshire Judicial Branch: https://www.courts.state.nh.us/.

Primary documents that prove ownership or entitlement

Provide certified or notarized copies whenever possible. The following documents are commonly required or highly useful:

Recorded deed (warranty deed, quitclaim deed, or sheriff’s deed): Certified copy from the County Register of Deeds showing the claimant as owner of record. This is the clearest, most persuasive document.
Title search or abstract: A recent title search or certificate from a licensed title company showing chain of title and liens. This helps show whether you actually held equity at the time of sale.
Mortgage release(s) or satisfaction(s): If liens were paid or released, include recorded mortgage satisfaction documents to show priority or lack of encumbrance.
Certified death certificate plus probate papers: If the property owner died before the sale, submit the death certificate plus letters testamentary, letters of administration, or a probate order that name the executor/administrator or heirs who received title through probate.
Affidavit of heirship: For small estates or where probate was not opened, an affidavit of heirship (properly notarized and, if required, recorded) can support an heir’s claim. Note: courts sometimes require formal probate instead of an affidavit for disputes.
Trust documents: If title is held in a trust, provide the recorded trust instrument or recorded deed showing the trustee, plus any certification of trust that authorizes the claimant to act.
Power of attorney (POA): If you act under a durable POA, include the notarized POA document and any recorded acknowledgement showing authority to claim surplus funds. Some offices will require letters testamentary instead of a POA if the grantor is deceased.
Corporate or LLC documentation: For entities, include certified articles of organization/incorporation, a copy of the operating agreement or bylaws showing authority to act, and a corporate resolution or officer’s certificate authorizing the person who signs the claim.
Recorded assignment or release of surplus: If someone else assigned their claim to you, include the recorded assignment and the assignor’s proof of title.
Government-issued photo ID and proof of address: Driver’s license or passport plus a recent utility bill or tax bill to confirm identity and contact information.
Signed, notarized claim form or affidavit: Many counties or sheriffs require a sworn claim form. Include case number, sale date, parcel ID, and a clear statement of your legal basis for the claim.

Common scenarios and the documents you’ll need

If you were the owner of record at the time of sale

Provide the recorded deed showing your ownership and a government ID. If you refinanced, show mortgage payoff papers to explain the surplus source.

If the owner died before or after the sale

Provide the death certificate and probate documents (letters testamentary or administration). If title passed by a will or intestacy, provide the court order proving successor title. If the property passed via living trust, provide the trust documents and certification of trustee authority.

If you inherited outside probate or are an heir

Provide an affidavit of heirship or comparable documentation and, when possible, a court order confirming your status. The court may require formal probate if heirs dispute the claim.

If you are a lienholder or mortgagee

Provide recorded mortgage documents, assignments, and any release showing whether you had a valid lien and whether you are entitled to surplus proceeds.

If you’re claiming for a corporation, LLC, or trust

Provide entity formation documents, a corporate resolution or operating agreement authorizing the claimant, and a government ID for the individual who will receive the funds.

Practical steps to prepare a strong claim

Perform a title search or get certified copies from the County Register of Deeds for the parcel.
Gather identity documents (photo ID) and proof of relationship or authority (probate papers, trust certification, POA, corporate resolution).
Prepare a sworn claim or affidavit that explains your entitlement, references the sale date and case number, and lists the documents you attach.
Have the affidavit/claim notarized.
Submit the claim to the office holding the funds (sheriff, court clerk, or registry) and follow any local filing rules or deadlines. Send copies by certified mail and keep proof of delivery.
Be ready to provide originals or certified copies if requested.

If the claim is contested, the court will hold a hearing and may require additional proof such as witness testimony or a formal probate decree.

Where to get documents in New Hampshire

County Register of Deeds: for certified copies of deeds, mortgages, releases, and recorded assignments. Search your county’s register of deeds web pages via the New Hampshire Association of Registers of Deeds or county websites.
New Hampshire Division of Vital Records or the city/town clerk: for certified death certificates.
New Hampshire Judicial Branch: for probate filings, letters testamentary, and probate court orders: https://www.courts.state.nh.us/.
Title companies and licensed abstracters: for a title search or title report.
New Hampshire Revised Statutes: for statute guidance on foreclosure and sale procedures: https://www.gencourt.state.nh.us/rsa/html/.

When to get an attorney

Consider hiring an attorney when competing claims exist, when probate or trusts are complex, or when a claimant disputes your right. An attorney can prepare pleadings, represent you at hearings, and help assemble certified evidence. If the amount of surplus is small and your claim is straightforward (owner of record with recorded deed), you may be able to file without counsel.

Helpful Hints

Start with the recorded deed: it solves most ownership questions quickly.
Get certified copies, not photocopies. Courts and sheriffs prefer certified or recorded documents.
If the owner is deceased, open probate early. Letters testamentary or administration make claims simpler and stronger.
If you act for an entity, include a current Certificate of Good Standing or equivalent if available.
Attach a cover letter listing all documents and identifying the sale (case number, sale date, property address, parcel ID).
Keep originals safe and give the office certified copies unless they ask for originals; always keep extra copies for your records.
Ask the sheriff or court clerk what form, if any, they require for surplus claims in your county.
Deadlines matter. Check local rules and statute-based deadlines; missing a deadline can bar your claim.

Disclaimer: This article explains common documentary proof and general procedure under New Hampshire practice. It is educational only and not legal advice. For advice about your specific situation, contact a licensed New Hampshire attorney.