Surplus funds in Montana: the rules, straight.
We recover foreclosure surplus, tax sale overages, and vehicle/boat/RV repossession surplus here.
Foreclosure / mortgage surplus
Yes — we recover this here.
Small-tract trustee sale: surplus deposited with clerk/recorder then county treasurer; district-court petition for disbursement (71-1-316). Judicial: court deposits surplus (71-1-225).
71-1-316 (MCA 2025): 20-day notice before hearing; juniors keep priority. No pre-escheat fee cap or bar found. Unclaimed treasurer funds → 70-9-803(1)(j) at 1 yr.
Tax sale overages
Yes — we recover this here.
Tax-deed auction (15-18-220): treasurer must pay surplus to legal titleholder of record within 30 days of purchaser payment (15-18-221(3)). No owner claim petition required.
2019 Ch. 317 already returned surplus (pre-Tyler). Opening bid includes 1/2 assessed value as surplus. County-owned tax-deed resales under 7-8-2306 credit excess to county general fund — Tyler risk. No fee cap found.
Courtroom requirement: Claims here move by court motion. Licensed local attorneys on our bench handle the courtroom work inside the same contingency deal — you never pay hourly legal bills.
If nobody claims it: Court/gov funds: 1 yr after distributable → DOR (70-9-803(1)(j)). Then 24-mo agreement bar + unconscionable/15% ARM (70-9-825; 42.38.310). Still claimable.
Cars, boats & RVs in Montana: Vehicle/boat/RV repo surplus: UCC § 9-615(d) obliges the LENDER to return the surplus; § 9-616 explanation on request; § 9-625(c)(2) statutory damages for noncompliance. Demand-letter work against the secured party — no county, no state surplus-fee cap in this table.
This page summarizes public statutes for general information — it is not legal advice, rules change, and unverified items are confirmed by our desk (and counsel where needed) before any agreement is papered. Primary source: https://mca.legmt.gov/bills/mca/title_0710/chapter_0010/part_0030/section_0160/0710-0010-0030-0160.html · https://mca.legmt.gov/bills/mca/title_0710/chapter_0010/part_0020/section_0250/0710-0010-0020-0250.html
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