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Surplus funds in Montana.

When a property in Montana sells at a tax sale or a foreclosure sale for more than what was owed, the extra can belong to the former owner. Here is who holds it, the law behind it, and every county office linked so you can check for yourself, free.

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Foreclosure sales here

Both judicial and non-judicial.

Our fee here

We don't offer paid help in Montana. You can claim surplus here yourself, free; see below.

Tax sale surplus

When a tax lien assignee applies for a tax deed, the county treasurer holds a public auction. Within 30 days of receiving the buyer's payment, the treasurer must distribute the surplus funds to the legal titleholder of record (MCA 15-18-221(3)). Surplus funds are the part of the opening bid equal to half the most recent assessed value of the land and dwelling, plus any amount bid above the opening bid (MCA 15-18-220(4)). Check with the county treasurer. We tell you plainly if there's nothing to claim.

Foreclosure surplus

Foreclosure type
Both
Who holds the surplus

Trustee's sale: the trustee deposits surplus with the county clerk and recorder, who passes it to the county treasurer; judicial foreclosure: the court may order surplus paid out or deposited in court

A trust indenture on property of up to 40 acres can be foreclosed by trustee's sale under the Small Tract Financing Act, or by court action at the lender's option (MCA 71-1-304). After costs and the secured debt, the trustee must deposit any surplus with the county clerk and recorder (which sends it to the county treasurer) and mail notice of the surplus to everyone who got notice of the sale (MCA 71-1-316). To get the money, a former owner or junior lienholder files a petition in the district court of that county; the court sets priorities (junior liens keep their prior order) and orders the treasurer to pay, with at least 20 days' notice of the hearing to other parties. In a judicial foreclosure the court pays surplus to whoever is entitled or holds it in court (MCA 71-1-225). No statutory claim deadline was found.

Fees and assignments. No foreclosure-surplus-specific fee statute found. If funds become unclaimed property, MCA 70-9-825 voids recovery agreements made from presumed abandonment until 24 months after delivery to the state (attorney exception), requires a written agreement stating value before and after the fee, and lets owners reduce unconscionable fees. No percentage cap.

Claiming it yourself

We don't offer paid help in Montana. You can claim surplus here yourself, free.

See the free self-filing steps →

Every Montana county office(56)

Surplus is public record. Call the office that held the sale with the parcel or case number; in most places it will confirm whether a surplus exists, how much, and the deadline. Self-filing is free. Each entry links the county's tax office and court clerk where the directory lists them, plus the full set of county offices.

Each dot is a county below. Pick one from the list to see it up close.© OpenStreetMap contributors

Check this yourself

This page is plain-language orientation, not legal advice. Statutes were checked against official sources in October 2026, and county links come from the NETR public-records directory, an independent resource. Laws and county procedures change, so confirm with the office before you rely on any of it. You can always file a claim yourself with no recovery fee (a court or notary may charge a small fee).