Quick overview: When a foreclosure sale produces more money than needed to pay the mortgage, the extra amount (the “surplus”) belongs to the homeowner or the homeowner’s successors in interest. In Connecticut, a court process determines who has the right to that surplus and how to get it released. Below are the practical, step-by-step actions someone should take to file a motion and claim surplus funds after a deceased parent’s property was foreclosed.

1. Confirm whether surplus funds exist and where they are held

Find the foreclosure case file at the Connecticut Superior Court where the foreclosure was handled. The court docket and the sheriff’s or court clerk’s records will show whether the sheriff’s sale produced surplus proceeds and whether the funds are being held by the court clerk or the sheriff. If you don’t have the docket number, you can search by the property address or the lender’s name at the courthouse.

2. Identify who has legal standing to claim the surplus

Typical claimants include the former homeowner (or the homeowner’s estate), heirs, or other lienholders with valid recorded liens. If your mom is deceased, the usual claimant is the personal representative (executor or administrator) of her probate estate. If the estate has not been opened, an heir may need to open a probate estate or obtain court authority before the Superior Court will release funds.

3. Gather the documents you will need

• Certified copy of the death certificate.
• Letters testamentary or letters of administration from the probate court (if an estate was opened).
• A copy of the foreclosure docket sheet and the sheriff’s sale report showing the sale price and amounts paid to creditors.
• The property deed and any documents proving ownership or familial relationship (if no probate representative exists).
• Any mortgage payoff statements or lender notices showing the payoff and the surplus amount.
• Government-issued ID for the person filing the claim.

4. Choose the correct legal filing and prepare the motion

In Connecticut Superior Court you will typically file a pleading titled something like “Motion to Determine Right to Surplus Funds” or a “Motion for Disbursement of Surplus.” The filing should include:

• A clear statement of who you are and your basis for claiming the funds (personal representative, heir, creditor, etc.).
• An affidavit or sworn statement attaching the key documents listed above.
• A proposed order for the judge to sign releasing the funds to you (or to the estate).
• A certificate of service showing who you served (the lender, any lienholders, the sheriff or court clerk who holds the funds, and other parties of record).

5. File the motion and pay any filing fee

File the motion at the Superior Court clerk’s office for the county where the foreclosure case was decided. Pay the required filing fee and obtain a stamped copy of your motion. The clerk can tell you whether additional local forms or steps are required.

6. Serve the required parties

You must serve notice of your motion on all interested parties. That usually includes the mortgagee/foreclosing party, any recorded lienholders, and the sheriff or court clerk that is holding the surplus. Follow Connecticut Practice Book rules and local court requirements for service. Keep proof of service.

7. Ask for a hearing (if necessary) and be prepared to litigate competing claims

If other parties file objections (for example, other lienholders or alleged heirs), the court will schedule a hearing. At the hearing, the judge will evaluate documentary evidence and testimony to determine whose claim has priority under Connecticut law. Priority often depends on the timing and nature of liens and on whether a probate personal representative has been appointed.

8. If the estate is not probated, consider probate steps first

Most courts prefer that a personal representative be appointed in probate before releasing significant funds that belonged to a deceased person. If your mom’s estate has not been opened, go to the probate court in the district where she lived and apply for appointment as executor/administrator or use any small-estate procedures that may apply. Once letters are issued, the probate appointment strengthens a claim to the surplus.

9. What happens after the court decides

If the court awards the surplus to you or to the estate, the judge will sign an order directing the clerk or sheriff to release the funds. The release may require that the funds be paid to the estate’s bank account or to the claimant after submission of identification and letters from probate. If the court denies your claim, you may have appeal rights but must follow appellate deadlines.

10. Timing, deadlines, and quick action

Act quickly. Some procedures impose time limits for filing claims or for creditors to assert rights to sale proceeds. Even when a strict deadline does not appear in the file, waiting makes it harder to gather evidence and to convince a court that your claim should be prioritized. If multiple parties claim the funds, litigation can be lengthier.

11. Costs, taxes, and professional help

You will likely face filing fees, possible attorney fees if the case is contested, and small administrative expenses. The surplus usually becomes an asset of the estate if the owner was deceased; consult an accountant or tax advisor about tax reporting. Because disputes over surplus can involve overlapping probate and foreclosure rules, consider hiring an attorney experienced in foreclosure and probate matters if the amount is significant or if other claimants appear.

Helpful statutory and court resources

Connecticut’s courts and legislature provide public resources about foreclosure procedures and court filings. For general court forms, local filing information, and to locate the foreclosure docket, use the Connecticut Judicial Branch website: https://www.jud.ct.gov. To read Connecticut statutes or search for specific statutory language about foreclosures and sale proceeds, use the Connecticut General Assembly statutes pages: https://www.cga.ct.gov. For probate-related forms and guidance on letters of administration, check Connecticut probate resources at the state portal: https://www.ctprobate.gov (or the probate court directory on the Judicial Branch site).

Helpful Hints

• Start at the courthouse where the foreclosure case was handled to get the full file and sale documents.
• If your mom died, get a certified death certificate immediately and check whether anyone already opened probate.
• If you are not the personal representative, strongly consider opening probate or getting temporary authority before asking the Superior Court for funds.
• Keep originals and obtain certified copies of key documents (death certificate, letters, deed, sale report).
• Always file a certificate of service and keep proof that you served the lender, sheriff/clerk, and known lienholders.
• Ask the clerk which local form titles and fees you must use; local practice varies somewhat by courthouse.
• If multiple people claim the surplus, expect a contested hearing—collect witness statements and documentary evidence early.
• Consider a limited-scope consultation with a Connecticut attorney if you need help drafting a motion or if the claim is contested.
• Be mindful of deadlines and act promptly—delays can erode your rights to the funds.
• Remember that the court decides based on recorded liens, probate appointments, and documentary proof—paperwork is decisive.

Disclaimer: This article explains general Connecticut procedures and common practical steps. It is for educational purposes only and does not constitute legal advice. For advice tailored to your situation, consult a licensed Connecticut attorney, especially if other parties dispute the surplus or if the probate status is unclear.