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Surplus funds in North Dakota.
When a property in North Dakota 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
Judicial, through the courts.
Our fee here
Tax-sale surplus: up to 25% of what you receive, shown in writing before you sign, $0 upfront, only if you are paid. We don't offer paid help for foreclosure surplus; you can claim it yourself, free.
Tax sale surplus
After the county sells tax-forfeited land, it keeps any excess over the taxes, special assessments, penalties, interest and costs for 90 days. If the record owner files an undisputed claim within those 90 days, the county pays the owner. Disputed or multiple claims go to the clerk of district court. If no claim is filed, the money goes to the state unclaimed property administrator. If the owner had several parcels foreclosed, the excess is figured on all of them together (N.D.C.C. § 57-28-20).
Foreclosure surplus
The surplus from the sheriff's sale is brought into the district court (clerk of district court), subject to court order. Foreclosure by advertisement (power of sale) is allowed only for mortgages held by the state; for those, the officer making the sale holds the surplus for 30 days and then pays it to the mortgagor or into court.
In a judicial foreclosure, the surplus is paid into court, and the former owner applies to the court for an order releasing it. Important deadline: if the surplus is under $1,000 and no application is filed within 60 days after it is deposited, the court must order it forfeited to the county general fund (N.D.C.C. 32-19-10). Surplus of $1,000 or more not applied for within 90 days may be deposited at interest for the owner's benefit (32-19-11).
Fees and assignments. No specific statute found for foreclosure surplus held by the court. If the money reaches the state's unclaimed property administrator, N.D.C.C. 47-30.2-68 makes a locator agreement enforceable only if it is written, the fee is 10% or less of the amount recovered, it carries required disclosures, and the locator complies with chapter 43-30. Under 47-30.2-69, an agreement made between the date the property is presumed abandoned and 24 months after delivery to the administrator is void.
- N.D.C.C. § 32-19-10 (application of proceeds; under-$1,000 surplus forfeited after 60 days)
- N.D.C.C. § 35-22-01 (power of sale limited to state-held mortgages; also §§ 35-22-22 to -25 on surplus)
- N.D.C.C. § 28-23-09 (execution-sale surplus to judgment debtor; excludes real estate foreclosure sales)
- N.D.C.C. § 47-30.2-68 (locator agreements: 10% cap)
- N.D.C.C. § 47-30.2-69 (locator agreements void until 24 months after delivery)
Want it handled?
- If you want it handled: you stay the legal claimant and named payee.
- Tax-sale surplus: up to 25% of what you receive, shown in writing before you sign, $0 upfront, only if you are paid.
- We don't offer paid help for foreclosure surplus; you can claim it yourself, free.
- No recovery, no fee, and no costs.
- We don't offer paid help for money already with North Dakota's unclaimed-property program; you can claim it yourself, free, from the state.
- You can cancel within 3 business days for any reason, or longer where your state's law gives you more time.
- To cancel, email [email protected] or call or text (917) 920-5868.
Every North Dakota county office(53)
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.
- AdamsAll county offices (NETR)Map: Adams
- BarnesAll county offices (NETR)Map: Barnes
- BensonAll county offices (NETR)Map: Benson
- BillingsAll county offices (NETR)Map: Billings
- BottineauAll county offices (NETR)Map: Bottineau
- BowmanAll county offices (NETR)Map: Bowman
- BurkeAll county offices (NETR)Map: Burke
- BurleighAll county offices (NETR)Map: Burleigh
- CassAll county offices (NETR)Map: Cass
- CavalierAll county offices (NETR)Map: Cavalier
- DickeyAll county offices (NETR)Map: Dickey
- DivideAll county offices (NETR)Map: Divide
- DunnAll county offices (NETR)Map: Dunn
- EddyAll county offices (NETR)Map: Eddy
- EmmonsAll county offices (NETR)Map: Emmons
- FosterAll county offices (NETR)Map: Foster
- Golden ValleyAll county offices (NETR)Map: Golden Valley
- Grand ForksAll county offices (NETR)Map: Grand Forks
- GrantAll county offices (NETR)Map: Grant
- GriggsAll county offices (NETR)Map: Griggs
- HettingerAll county offices (NETR)Map: Hettinger
- KidderAll county offices (NETR)Map: Kidder
- LaMoureAll county offices (NETR)Map: LaMoure
- LoganAll county offices (NETR)Map: Logan
- McHenryAll county offices (NETR)Map: McHenry
- McIntoshAll county offices (NETR)Map: McIntosh
- McKenzieAll county offices (NETR)Map: McKenzie
- McLeanAll county offices (NETR)Map: McLean
- MercerAll county offices (NETR)Map: Mercer
- MortonAll county offices (NETR)Map: Morton
- MountrailAll county offices (NETR)Map: Mountrail
- NelsonAll county offices (NETR)Map: Nelson
- OliverAll county offices (NETR)Map: Oliver
- PembinaAll county offices (NETR)Map: Pembina
- PierceAll county offices (NETR)Map: Pierce
- RamseyAll county offices (NETR)Map: Ramsey
- RansomAll county offices (NETR)Map: Ransom
- RenvilleAll county offices (NETR)Map: Renville
- RichlandAll county offices (NETR)Map: Richland
- RoletteAll county offices (NETR)Map: Rolette
- SargentAll county offices (NETR)Map: Sargent
- SheridanAll county offices (NETR)Map: Sheridan
- SiouxAll county offices (NETR)Map: Sioux
- SlopeAll county offices (NETR)Map: Slope
- StarkAll county offices (NETR)Map: Stark
- SteeleAll county offices (NETR)Map: Steele
- StutsmanAll county offices (NETR)Map: Stutsman
- TownerAll county offices (NETR)Map: Towner
- TraillAll county offices (NETR)Map: Traill
- WalshAll county offices (NETR)Map: Walsh
- WardAll county offices (NETR)Map: Ward
- WellsAll county offices (NETR)Map: Wells
- WilliamsAll county offices (NETR)Map: Williams
What we do, and your other options
Filing yourself, your own attorney, or us. Our fee in North Dakota is above.
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).