Detailed answer — step‑by‑step under Oklahoma law

This section explains the typical steps to ask an Oklahoma court to award surplus sale proceeds that remained after a foreclosure sale. This is general information about typical Oklahoma procedure; specific steps can vary by county and by whether the foreclosure was judicial or nonjudicial.

1. Confirm whether there actually is a surplus and who holds it

– Contact the county sheriff or the district court clerk in the county where the foreclosure sale occurred. Ask for the foreclosure case number, the sale ledger, and the clerk’s report of disbursements. The sheriff or clerk will confirm whether sale proceeds exceeded all liens and fees and whether any surplus was deposited with the court.

2. Identify the correct court and case

– Most foreclosure sales in Oklahoma are handled by the district court of the county where the property sits. Any motion to determine or distribute surplus funds is usually filed in that same court and docket number. Get the case title and number from the sale paperwork or from the court clerk.

3. Collect documents that show your right to claim

Examples of useful documents:

• Death certificate for your mom.
• Recorded deed showing title history, if available.
• Letters testamentary or letters of administration if a probate estate exists.
• Affidavit of heirship or other proof of heirship if probate is not opened.
• Copies of the foreclosure judgment, sheriff’s sale report, and the distribution sheet showing the surplus amount (if any).
• Payoff statements for liens that were paid at sale, if needed to show distribution order.

4. Decide whether you must open probate first

– If the homeowner (your mom) died and title passed to heirs, the court may require that you have legal authority to claim estate assets before disbursing surplus funds. That usually means either: (a) an executor/administrator with letters from the probate court; or (b) in some counties a narrowly drawn affidavit of heirship or summary probate procedure may suffice. If a probate estate is already open, the personal representative should make the claim on behalf of the estate.

5. Draft and file the correct motion or application

– Title the pleading something like: “Motion/Application to Determine Right to Surplus Proceeds from Sheriff’s Sale” or “Petition for Distribution of Sale Surplus.” The motion should:

• Identify the foreclosure case number, sale date, and the dollar amount of the surplus (if known).
• State your name and explain your legal relationship to the deceased owner (heir, executor, etc.). Attach supporting documents (death certificate, letters, affidavit of heirship).
• List all known lienholders, creditors, and potential claimants (use the sheriff’s sale report or the foreclosure pleadings to identify them).
• Ask the court to determine the rightful recipient(s) of the surplus and to enter an order directing the clerk or sheriff to pay the funds accordingly.
• Request a hearing and ask for an order requiring notice to interested parties.

6. Serve notice on all necessary parties

– Serve copies of the motion and a hearing notice on all parties listed in the foreclosure case (lenders, junior lienholders, any defendants), any named heirs, and the county sheriff or district court clerk who holds the funds. The court will require proper service under the Oklahoma Rules of Civil Procedure.

7. Attend the hearing and be ready with proof

– At the hearing provide original or certified copies of your proof of claim (death certificate, probate letters or affidavit of heirship, sale/disbursement records). The court will resolve competing claims and enter an order awarding distribution based on priority of liens and Oklahoma law.

8. If there are multiple claimants — interpleader or contested distribution

– If several parties claim the surplus, the court may require an interpleader-style resolution or a contested hearing. The judge will apply priority rules (senior liens are paid first; any leftover goes to the owner or the owner’s estate). If you cannot resolve objections, be prepared for a contested hearing and possible appeals.

9. Obtain the court’s distribution order and follow up

– After the court signs an order awarding you the funds, provide the clerk the documents the clerk requires (certified order, ID, proof of authority). The clerk or sheriff will release the funds according to the order.

10. Timing and acting promptly

– Don’t delay. Different counties may have local rules about claiming surplus funds. Also, some claimants (creditors, lienholders) have rights that can be enforced quickly. If you wait, the funds may remain tied up longer or become harder to recover. If the foreclosure was long ago, check whether the clerk still holds the funds or if they were disbursed previously.

Statutes and court resources to consult

– Oklahoma handles foreclosures and post‑sale distributions in the district courts; rules and procedures are found across the Oklahoma Statutes and court local rules. For text of Oklahoma laws and to find specific statutes, start at the Oklahoma Legislature site: https://www.oklegislature.gov. For district court rules and local filing requirements, contact the district court clerk in the county where the sale occurred or visit the Oklahoma State Courts Network at https://www.oscn.net to look up the foreclosure docket and filings.

Note: Oklahoma case law and local court practices decide details on procedure and required forms. When in doubt, call the court clerk for filing and service rules for surplus claims in that county.

Helpful Hints

• Start at the county sheriff or district court clerk’s office — they usually know whether a surplus exists and where it is held.
• Bring the foreclosure case number, property legal description, and names used in the foreclosure when you call or visit the clerk.
• If you are an heir but there is no probate estate, many courts will accept an affidavit of heirship or a small‑estate affidavit — check local rules or consult a probate attorney.
• List all possible creditors and lienholders in your motion and serve them. Failure to notify interested parties can delay your claim or result in the court denying relief.
• Be ready to show that no junior lien has a superior claim to the surplus. Priority is determined by recording dates and judgments.
• If you lack time or feel uncertain, consider an attorney who handles foreclosures, probate, or real estate to prepare and file the motion and represent you at the hearing.
• Keep copies of everything you file and proof of service. The clerk will often require certified documents before releasing funds.