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West
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
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.
- MCA 71-1-316 (trustee's sale proceeds; surplus deposited with county; district court petition)
- MCA 71-1-304 (trust indentures authorized for parcels up to 40 acres; power of sale in trustee)
- MCA 71-1-225 (surplus money from judicial foreclosure sale)
- MCA 70-9-825 (agreement to locate unclaimed property; 24-month void period)
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.
- BeaverheadAll county offices (NETR)Map: Beaverhead
- Big HornAll county offices (NETR)Map: Big Horn
- BlaineAll county offices (NETR)Map: Blaine
- BroadwaterAll county offices (NETR)Map: Broadwater
- CarbonAll county offices (NETR)Map: Carbon
- CarterAll county offices (NETR)Map: Carter
- CascadeAll county offices (NETR)Map: Cascade
- ChouteauAll county offices (NETR)Map: Chouteau
- CusterAll county offices (NETR)Map: Custer
- DanielsAll county offices (NETR)Map: Daniels
- DawsonAll county offices (NETR)Map: Dawson
- Deer LodgeAll county offices (NETR)Map: Deer Lodge
- FallonAll county offices (NETR)Map: Fallon
- FergusAll county offices (NETR)Map: Fergus
- FlatheadAll county offices (NETR)Map: Flathead
- GallatinAll county offices (NETR)Map: Gallatin
- GarfieldAll county offices (NETR)Map: Garfield
- GlacierAll county offices (NETR)Map: Glacier
- Golden ValleyAll county offices (NETR)Map: Golden Valley
- GraniteAll county offices (NETR)Map: Granite
- HillAll county offices (NETR)Map: Hill
- JeffersonAll county offices (NETR)Map: Jefferson
- Judith BasinAll county offices (NETR)Map: Judith Basin
- LakeAll county offices (NETR)Map: Lake
- Lewis and ClarkAll county offices (NETR)Map: Lewis and Clark
- LibertyAll county offices (NETR)Map: Liberty
- LincolnAll county offices (NETR)Map: Lincoln
- MadisonAll county offices (NETR)Map: Madison
- McConeAll county offices (NETR)Map: McCone
- MeagherAll county offices (NETR)Map: Meagher
- MineralAll county offices (NETR)Map: Mineral
- MissoulaAll county offices (NETR)Map: Missoula
- MusselshellAll county offices (NETR)Map: Musselshell
- ParkAll county offices (NETR)Map: Park
- PetroleumAll county offices (NETR)Map: Petroleum
- PhillipsAll county offices (NETR)Map: Phillips
- PonderaAll county offices (NETR)Map: Pondera
- Powder RiverAll county offices (NETR)Map: Powder River
- PowellAll county offices (NETR)Map: Powell
- PrairieAll county offices (NETR)Map: Prairie
- RavalliAll county offices (NETR)Map: Ravalli
- RichlandAll county offices (NETR)Map: Richland
- RooseveltAll county offices (NETR)Map: Roosevelt
- RosebudAll county offices (NETR)Map: Rosebud
- SandersAll county offices (NETR)Map: Sanders
- SheridanAll county offices (NETR)Map: Sheridan
- Silver BowAll county offices (NETR)Map: Silver Bow
- StillwaterAll county offices (NETR)Map: Stillwater
- Sweet GrassAll county offices (NETR)Map: Sweet Grass
- TetonAll county offices (NETR)Map: Teton
- TooleAll county offices (NETR)Map: Toole
- TreasureAll county offices (NETR)Map: Treasure
- ValleyAll county offices (NETR)Map: Valley
- WheatlandAll county offices (NETR)Map: Wheatland
- WibauxAll county offices (NETR)Map: Wibaux
- YellowstoneAll county offices (NETR)Map: Yellowstone
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).