You can claim it yourself, for free

Checklist: North Dakota, money left over after a foreclosure sale

Who holds it: The district court in the county of sale. In a foreclosure by advertisement, the sheriff holds the surplus for 30 days first

How long: Court foreclosure: a surplus under $1,000 is forfeited to the county if no application is filed within 60 days after it is deposited with the court. A surplus of $1,000 or more not claimed within 90 days may be invested for the owner

How you claim: In a court foreclosure, file an application with the district court in the foreclosure case to receive the surplus. In a foreclosure by advertisement, file a petition with the clerk of district court in the county where the sale took place.

Your deadline: ____________ (confirm it with the clerk)

Steps

1. Find out whether the foreclosure was by court action or by advertisement
2. Court action: file an application to receive the surplus with the district court quickly, within 60 days if it is under $1,000
3. Advertisement: if no one serves a claim notice on the sheriff within 30 days after the sale, ask the sheriff to pay you
4. If claims were served, the surplus goes to district court. File a petition with the clerk of district court and give notice to the other claimants
5. The court decides the shares and orders distribution

Documents

Not researched yet — ask the clerk

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

• N.D.C.C. ch. 32-19 (see §§ 32-19-10, 32-19-11): https://ndlegis.gov/cencode/t32c19.pdf
• N.D.C.C. ch. 35-22 (see §§ 35-22-22 to 35-22-25): https://ndlegis.gov/cencode/t35c22.pdf