You can claim it yourself, for free

Checklist: Montana, money left over after a foreclosure sale

Who holds it: The trustee deposits the surplus with the county clerk and recorder, who passes it to the county treasurer

How long: Not researched yet — ask the clerk

How you claim: File a petition in district court in the county where the funds are deposited asking for an order to disburse them. The court sets priority and orders the county treasurer to pay.

Your deadline: ____________ (confirm it with the clerk)

Steps

1. Watch for the trustee's mailed notice of surplus funds
2. File a petition for disbursement in that county's district court
3. Serve notice on the other parties at least 20 days before the hearing
4. The court orders the county treasurer to pay according to priority

Documents

• Petition for disbursement
• Trustee's notice of surplus funds and notice of sale
• Proof of your interest in the property

What it costs you

Not researched yet — ask the clerk

If someone offers to do it for you

• A finder who charges you may need to be a licensed private investigator: ask the clerk.
• Fee limits: Not researched yet — ask the clerk.
• You never need to pay anyone to file.

Official links

• MCA 71-1-316: https://mca.legmt.gov/bills/mca/title_0710/chapter_0010/part_0030/section_0160/0710-0010-0030-0160.html