Montana · money left over after a tax-deed sale

You can claim it yourself, for free

Who holds it

County treasurer

How long

The treasurer must send the surplus to the legal titleholder of record within 30 days after the tax-deed buyer pays

How you claim

This covers land with a dwelling the titleholder lives in (and some farm or forest land) when a tax lien buyer applies for a tax deed. For that land, the statute has the county treasurer pay the surplus to the titleholder of record without a separate claim. Contact the county treasurer if you do not receive it. When the county itself sells land it took by tax deed, the statute (MCA 7-8-2306) puts any excess in the county general fund.

If someone offers to do it for you

Fee limits: Not researched yet — ask the clerk.
You never need to pay anyone to file.

Checklist: Montana, money left over after a tax-deed sale

Who holds it: County treasurer

How long: The treasurer must send the surplus to the legal titleholder of record within 30 days after the tax-deed buyer pays

How you claim: This covers land with a dwelling the titleholder lives in (and some farm or forest land) when a tax lien buyer applies for a tax deed. For that land, the statute has the county treasurer pay the surplus to the titleholder of record without a separate claim. Contact the county treasurer if you do not receive it. When the county itself sells land it took by tax deed, the statute (MCA 7-8-2306) puts any excess in the county general fund.

Your deadline: ____________ (confirm it with the clerk)

Steps

Watch for the county treasurer's notice of a tax deed auction
After the auction, expect the surplus within 30 days of the buyer's payment
If you are not paid, contact the county treasurer

Documents

Not researched yet — ask the clerk

What it costs you

No fee in the statute

If someone offers to do it for you

Fee limits: Not researched yet — ask the clerk.
You never need to pay anyone to file.

Official links

MCA 15-18-221 (distribution of surplus): https://mca.legmt.gov/bills/mca/title_0150/chapter_0180/part_0020/section_0210/0150-0180-0020-0210.html
MCA 15-18-220 (auction and surplus): https://mca.legmt.gov/bills/mca/title_0150/chapter_0180/part_0020/section_0200/0150-0180-0020-0200.html
MCA 15-18-219 (covered property): https://mca.legmt.gov/bills/mca/title_0150/chapter_0180/part_0020/section_0190/0150-0180-0020-0190.html

Source: MCA 15-18-219; MCA 15-18-220; MCA 15-18-221; MCA 15-18-111(1); MCA 15-18-211(1); MCA 15-18-219(1)(b); MCA 15-18-220(2)(b)(iv); MCA 15-18-221(3); MCA 7-8-2301, 7-8-2303. Researched, not yet checked by a lawyer; confirm with the clerk. Not legal advice.