Short answer: First determine whether the foreclosure was judicial or nonjudicial and whether any surplus proceeds were actually created and deposited. Then gather proof of your right (ownership, heirship, or representative status), contact the trustee/sheriff or the court clerk who handled the sale to see whether surplus funds exist or were deposited, and file the proper pleading (a motion in the foreclosure case or a new claim in the appropriate Texas court) asking the court to determine who is entitled to the surplus. If the homeowner is deceased, you will also need proof of your authority to act for the estate.

Why this matters

When a foreclosed property sells for more than what was owed and the costs of sale, the extra money (the “surplus” or “overage”) may belong to the former owner or other lienholders. Texas law contains procedures for distributing sale proceeds. The rules and where you file depend on whether the sale was under a court order (judicial foreclosure) or under a power of sale (nonjudicial foreclosure). See Texas Property Code, Chapter 51 for statutory background: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.51.htm.

Step 1 — Confirm basic facts about the foreclosure and whether a surplus exists

1. Locate the foreclosure sale documents: deed of trust, notice of sale, trustee’s deed or sheriff’s deed, and the sale report. These are typically recorded in the county real property records where the property sits or may be in the court file for a judicial foreclosure.
2. Find the sale price and the foreclosure accounting. The foreclosure purchaser or trustee will show how the sale proceeds were applied to the debt, fees, and costs. If sale proceeds exceeded those amounts, a surplus exists.
3. Ask the trustee, foreclosure law firm, or county sheriff whether they deposited surplus funds with the county clerk or with the court. If funds were deposited, the county clerk’s office or the court clerk should show the deposit entry.

Step 2 — Decide where to file

Which document you file and where depends on the type of foreclosure:

• Judicial foreclosure (sale ordered by a court): The easiest route is to file a motion in the same case asking the court to determine the surplus and to enter an order directing payment to the rightful person(s). The court that handled the foreclosure retains jurisdiction to determine distribution of proceeds.
• Nonjudicial foreclosure (power-of-sale under a deed of trust): If no court supervised the sale, you may need to file a civil action (a petition) in county or district court in the county where the property is located asking the court to determine entitlement to surplus proceeds. If the trustee or purchaser already deposited the surplus with the county clerk, you may need to file a claim or application with the clerk or move in the pending court (if the purchaser later filed a suit) to release the funds.

Step 3 — Prepare the documents you will need

Typical documents and evidence to support a motion or petition:

• Proof of identity for the person seeking the funds (government ID).
• Proof of ownership or former ownership (deed, title report, mortgage records showing the person was the owner at time of foreclosure).
• If the owner (your mom) is deceased: documentation of your authority to act — executor/administrator appointment (letters testamentary or letters of administration) from probate court, or a small estate affidavit (if the estate qualifies). If you are an heir but not the estate representative, you will generally need the estate representative’s participation or court appointment.
• Foreclosure sale documents: trustee’s deed or sheriff’s deed, sale ledger, and any accounting of proceeds.
• Records of other lienholders (IRS, judgment liens, other mortgages) if they claim priority to the surplus.
• A proposed order the judge can sign (if filing a motion in an existing foreclosure case) describing who is entitled to the funds and directing payment.

Step 4 — Draft the motion or petition

Key points to include in your written filing:

• A short statement of the facts: who owned the property, when and how the foreclosure sale occurred, the sale price, and the claimed surplus amount.
• A legal request asking the court to determine ownership of the surplus and to order distribution to the rightful party.
• Identification of adverse claimants (lienholders, purchaser) and a request for notice to those parties so they can appear and assert competing claims if any.
• Exhibits: recording information, the trustee’s/sheriff’s deed, any accounting showing surplus, and documentation proving your status (executor, heir, etc.).

Step 5 — Serve the required parties and arrange a hearing

Texas procedure will require properly serving the trustee, purchaser, and any known lienholders or parties with claims. The court may set a hearing to receive evidence and resolve competing claims. If you filed in the same foreclosure case, the court may already have a hearing schedule or local rules for handling post-sale distribution motions.

Step 6 — What happens at the hearing

The court will review the evidence and the competing claims. If the judge finds you are entitled to the surplus, the judge will enter an order directing the clerk or the party holding the funds to pay the money to you (or to the estate). If other lienholders have priority, the court may order payment to them instead.

Key statutory reference (Texas)

Texas law that governs foreclosure procedures and distribution of sale proceeds is in the Texas Property Code, Chapter 51. For general statutory background about foreclosure sales and distribution of proceeds, see: Texas Property Code, Chapter 51.

Practical considerations

• Time is important. If you think surplus funds exist, act promptly. Parties with competing claims may file their own petitions. There may be statutory or equitable deadlines that affect recovery.
• If your mom has passed away, you typically cannot collect the surplus simply as a family member — you will usually need authority from the probate court (letters testamentary/administration) or use a small estate process where available.
• Be prepared for lien priority questions. The court will decide which liens have priority to sale proceeds. Not all surplus automatically goes to the former owner.
• Counties and clerks have different local practices for handling deposited surplus funds. Check with the county clerk where the sale was recorded.

When to consult an attorney

Because foreclosures, multiple liens, and probate issues can be complicated, talk to a Texas attorney if the surplus is substantial, if there are competing claims, or if the estate is involved. An attorney can prepare pleadings, represent you at hearings, and help resolve priority disputes.

Court and county contact points to check

• County real property records for the recorded trustee’s deed or sheriff’s deed.
• County clerk or district clerk for filings related to the foreclosure or deposits of funds.
• Probate court records (if the homeowner died) for letters or any probate administration.

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general Texas procedures and options you can consider. For advice about your particular situation and to make filings that comply with Texas rules and local court procedures, consult a licensed Texas attorney.

Helpful Hints

• Start by getting copies of the sale documents from the county recorder and the trustee or law firm that handled the sale.
• If the homeowner is deceased, get a copy of the death certificate and determine whether there is an open probate case or a will naming an executor.
• Ask the trustee or purchaser in writing whether surplus funds exist and whether they have been deposited with the county clerk or court. Request a written accounting.
• Keep careful records of all communications, filings, and receipts related to the sale and your claim.
• If you file a motion or petition yourself, use clear exhibits: recorded deed, trustee’s deed, sale accounting, death certificate, and proof of authority to act for the estate (if applicable).
• Check local court rules or the court clerk’s office for required formats, filing fees, and hearing procedures in the county where the property is located.
• If you find the surplus was already paid to another party, ask for a copy of the court order or clerk’s disbursement record showing why the payment was made.
• When in doubt about deadlines or competing claims, seek a consultation with a Texas attorney quickly — delays can reduce or eliminate your ability to recover funds.