Detailed Answer — Step‑by‑step process

Below are practical steps you can follow if you believe you (or your mother’s estate or heirs) are entitled to surplus money remaining after a foreclosure sale in North Dakota. The specific names of forms, deadlines, and local practices can vary by county. Where state law or statewide rules apply, links are provided.

1. Confirm whether a surplus actually exists

   Contact the sheriff’s office that conducted the sale and ask for the sheriff’s return or sale accounting. The sheriff’s office should be able to tell you whether the sale produced surplus funds (money remaining after paying the mortgage lender, foreclosure costs, and other liens with priority). Request a copy of the auction accounting, the certificate of sale, and any distribution report.

2. Identify the foreclosure case and the court of record

   Find the foreclosure case number and the county district court where the foreclosure was handled. Motions to determine surplus funds are filed in the same court file where the foreclosure was entered. If you do not have the case number, the county district court clerk can look it up by the property owner’s name or the lender’s name.

3. Determine who has a legal claim to the surplus

   Common claimants include the former owner (or the owner’s estate), junior lienholders, judgment creditors, and others with recorded liens or statutory priority. If your mother is deceased, the estate or heirs may have the claim. You will typically need documentation showing your legal relationship or interest: death certificate, letters testamentary / letters of administration (if the estate was opened), will or probate documents, or a recorded deed/assignment if ownership transferred before sale.

4. Prepare the Motion to Determine Right to Surplus Money

   Draft a motion (sometimes called a petition or application) asking the court to determine who is entitled to the surplus funds and to order distribution. The motion should include:

   • identifying information (case number, parties, property address, and sheriff’s sale date);
   • a clear statement of the amount of surplus (or that a surplus exists) with reference to the sheriff’s accounting;
   • your factual basis for claiming the surplus (e.g., you are the decedent’s child and the decedent owned the property at the sale; or you are the personal representative of the estate);
   • copies of supporting exhibits (death certificate, probate documents, deed, mortgage, sheriff’s return, accounting); and
   • a proposed order for the judge to sign awarding distribution or establishing a hearing to determine entitlement.

   File the motion in the district court where the foreclosure case is pending. File any proposed order with the motion.

5. Provide notice and serve interested parties

   After you file the motion, you must serve notice on all parties who may have an interest in the surplus: the lender (foreclosing party), junior lienholders listed in the foreclosure or in the county records, the owner’s estate or personal representative, and any other recorded lienholders or claimants. Follow North Dakota service and notice rules. See North Dakota Rules of Civil Procedure and local court rules for timing and method of service (personal service, certified mail, or as allowed by court rule).

   North Dakota court rules and local practice govern service requirements. You can review the statewide rules at the North Dakota Courts website: https://www.ndcourts.gov/legal-resources/rules.

6. File supporting affidavits and evidence

   Attach sworn affidavits that explain your relationship to the decedent or property, the basis for your claim to the surplus, and any efforts made to notify other claimants. Provide certified copies of probate documents if the estate has been opened. If the estate has not been opened, be prepared to explain why and how you are related.

7. Request a hearing (or ask for a paper determination if allowed)

   Ask the court to set the matter for hearing so a judge can resolve competing claims. Some counties will allow a decision on the written motions if there is no dispute. Expect the court to schedule a hearing if other parties contest the claim. At the hearing, be prepared to present evidence establishing entitlement and priority over other claimants.

8. Possible outcomes

   The court may:

   • order distribution of the surplus to you (or the estate) if you prove priority and entitlement;
   • divide the funds among competing claimants according to priority rules;
   • require further accounting or appoint an attorney or special master to handle distribution; or
   • deny relief if you fail to show a legal right to the funds.

9. Collecting the funds

   When the court issues an order awarding surplus funds, the sheriff or court typically pays the funds in accordance with that order. You may need to present identification, a certified copy of the order, and any required release forms to the sheriff or the county treasurer, depending on local practice.

10. What if the former owner is deceased and there is no probate?

    If your mother died without an open probate, you may need to open a probate or a limited proceeding to establish your right to inherit (for example, a small estate affidavit or informal probate). See North Dakota probate statutes and local probate rules for details. North Dakota’s probate and estate rules are in Title 30 of the North Dakota Century Code. See Title 30: https://www.legis.nd.gov/cencode/t30.

11. Deadlines and statute references

    State statutes control priorities among liens and some procedures for foreclosure and distribution of sale proceeds. Relevant statutory material is contained in North Dakota’s property and foreclosure statutes (Title 32 of the North Dakota Century Code). For an overview of statutes that govern mortgage foreclosure, sheriff’s sales, and property distribution, see Title 32: https://www.legis.nd.gov/cencode/t32.

    Because statutes and local rules can impose specific deadlines or special procedures for claiming surplus funds, check the applicable statutes and the foreclosure case file or contact the clerk for county-specific rules. If you need the exact statute on a particular point (for example, priority of liens or redemption periods), search Title 32 on the North Dakota Legislative Branch site above or consult an attorney.

Helpful Hints

• Start with the sheriff’s sale documentation. The sheriff’s return and accounting show whether surplus funds exist and the exact amount.
• Gather these documents before you file: deed, mortgage, sheriff’s return, certificate of sale, death certificate (if applicable), probate filings, and any lien instruments recorded after the mortgage.
• If your mother’s estate was opened in probate, obtain certified copies of the letters testamentary or letters of administration to show authority to collect funds.
• Check the district court case file for the foreclosure. The case file will often contain the sale order, the sheriff’s return, and any earlier motions about distribution.
• Serve all potential claimants. Failure to notify a party with a recorded interest can delay distribution or risk the court reopening the matter later.
• Be clear and concise in your motion. Attach exhibits in the order you reference them and include an index of exhibits for the judge.
• Contact the county court clerk or sheriff’s civil division early. They can explain local filing fees, accepted forms of service, and how the sheriff releases funds after a court order.
• If multiple family members claim the same money, consider resolving the dispute through an agreed stipulation filed with the court. Courts often accept settlement agreements dividing surplus funds.
• If the estate is small, ask about “small estate” procedures that may simplify claiming the funds without full probate.
• When in doubt, get a consultation with an attorney experienced in North Dakota foreclosure and probate matters—especially if other creditors or lienholders contest your claim.