Surplus funds in North Dakota: 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.
Judicial: sheriff surplus into court; apply for order (32-19-10). Advertisement: officer holds 30 days then pays mortgagor, or into court on claim notice (35-22-22/23).
Deadline: Apply within 60 days if surplus <$1k or county takes it (32-19-10); ≥$1k apply within 90 days or court may invest (32-19-11).
Dual track. No pre-escheat fee cap or non-attorney bar found. 32-19-11 names assigns. Advertisement petition at clerk (35-22-23). Tiny statewide volume.
Tax sale overages
Yes — we recover this here.
County holds tax-deed sale excess 90 days; undisputed record-owner claim to treasurer; disputes → district clerk; no claim → UP (57-28-20).
Deadline: Undisputed claim must be filed within 90 days of sale or funds go to UP administrator (57-28-20(3)).
HB 1267 (2023) post-Tyler: county retains excess 90 days then pays record owner, court, or UP. No fee cap found. Redemption precedes tax deed (ch. 57-28).
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: Judicial surplus <$1k forfeits to county after 60 days (32-19-10). Tax excess unclaimed after 90 days → UP (57-28-20(3)(c)). Then 24-mo void + 10% (47-30.2-68/69).
Cars, boats & RVs in North Dakota: 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://ndlegis.gov/cencode/t32c19.pdf · https://ndlegis.gov/cencode/t35c22.pdf
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