Detailed Answer — Step-by-step guide

Short answer: To try to get any surplus (excess sale proceeds) after your mother’s property was foreclosed in Hawaii, you will need to locate the foreclosure case, confirm there was a surplus, file a court motion asking the court to determine who is entitled to the surplus funds, serve that motion on all interested parties, and attend any hearing. If your mother is deceased, you may also need to handle the matter through probate or as a representative of her estate.

1. Confirm whether a surplus exists and where the funds are held

1. Get the foreclosure case number and court where the sale occurred (usually the circuit court where the property is located). You can search court records or contact the clerk of court.
2. Obtain the foreclosure sale paperwork: the judgment or order authorizing sale, the report of sale, and the sheriff’s or commissioner’s accounting of sale proceeds. Those documents will show whether sale proceeds exceeded the debt, fees, and costs (a surplus).
3. If a surplus exists, determine who currently holds the funds. Typically the court, the sheriff, or the foreclosure commissioner will hold any surplus pending distribution or court order.

2. Identify the legally interested parties

Common parties who may have a claim to surplus funds include the former owner (mortgagor), any co-owners, heirs or the decedent’s estate (if the owner is deceased), any junior lienholders, and judgment creditors who recorded liens.

3. If the owner (your mother) is deceased, consider probate first

When the property owner is dead, surplus funds are typically an asset of the decedent’s estate. You generally cannot simply claim and withdraw funds as a family member. The person who can claim the surplus is the executor/personal representative appointed in probate, or someone authorized by the probate court. If the estate has not been opened, you may need to open probate or seek limited administration to obtain the funds.

4. Prepare and file a motion to determine entitlement to surplus funds

1. Title the motion appropriately (for example, “Motion to Determine Entitlement to Surplus Sale Proceeds” or similar). Follow local court formatting rules.
2. In the motion include: the foreclosure case number, identification of the property, a short statement of facts showing the sale produced a surplus, a clear statement of the relief requested (that the court determine the rightful recipient and order payment), and the legal basis for your claim.
3. Attach supporting evidence: copy of the foreclosure judgment and report of sale, the accounting showing the surplus, proof of your mother’s death (if applicable), your relationship to the decedent, proof that you are the personal representative (if applicable), title documents, deeds, probate paperwork, and any lien or payoff documentation.
4. File the motion with the clerk of the court that handled the foreclosure. Pay any required filing fee or ask for a fee waiver if you qualify.

5. Serve the motion and supporting documents on all interested parties

Hawaii civil procedure requires proper service on all parties who might claim the funds: the lender (foreclosing party), other lienholders, the sheriff or foreclosure commissioner, and the decedent’s known heirs or beneficiaries. Follow the Hawaii Rules of Civil Procedure for service requirements and timelines.

6. Attend the hearing and be prepared to prove your claim

The court will typically set a hearing. At the hearing you must present evidence supporting your claim to the surplus (title evidence, probate appointment, heirship facts, lien priority, etc.). The court will weigh competing claims and issue an order distributing the funds.

7. Obtain the court order and collect the funds

If the court awards you the surplus, you will receive an order directing the custodian (the clerk, sheriff, or commissioner) to pay you. If the funds are to be paid to an estate, the court’s order will direct payment to the estate’s representative.

Important timing and statute considerations

• Deadlines: Some jurisdictions have time limits for asserting claims to surplus proceeds. If you wait too long, the court may order the funds paid to another party or to the state as unclaimed property.
• Probate vs. direct claim: If the owner is deceased, probate rules generally control who may lawfully receive property belonging to the estate. Opening probate may be required before the surplus can be paid out.

Where to find Hawaii rules and statutes

Hawaii’s statutes and current law are available on the Hawaii State Legislature’s website: https://www.capitol.hawaii.gov/hrscurrent/. For court procedure information, visit the Hawaii State Judiciary: https://www.courts.state.hi.us/.

Special note about unclaimed funds

If the court or custodian cannot find a rightful recipient, unclaimed funds may ultimately be transferred to the State’s unclaimed property program. Hawaii’s unclaimed property information is available from the Department of Budget and Finance (Treasury): https://budget.hawaii.gov/treasury/unclaimed-property/.

When to get a lawyer

Consider consulting a licensed Hawaii attorney if:

• Multiple parties claim the surplus and disputes of fact or law exist.
• The estate is large or probate is contested.
• There are complicated lien priorities or title questions.
• You need help drafting pleadings, serving parties, or presenting evidence in court.

Disclaimer: This article is educational only and is not legal advice. Laws change and every case has unique facts. Consult a licensed Hawaii attorney to get advice for your situation.

Helpful Hints

• Start by getting copies of the foreclosure file from the clerk of court — the necessary facts about surplus are usually in the report of sale and accounting.
• If your mother is deceased, find out whether a will exists and whether probate has been opened; whoever is the court-appointed personal representative usually must claim estate assets.
• Collect and organize proof of your relationship to the decedent (birth certificate, death certificate, will, family tree) and any documents showing ownership of the property (deed, title report).
• List and serve every possible claimant (lenders, junior lienholders, IRS/state tax liens, judgment creditors, heirs). Failure to serve a party can delay distribution.
• Keep copies of everything you file and receive. Track deadlines and hearing dates carefully.
• If you cannot afford an attorney, the Hawaii State Judiciary has self-help resources and forms on its website and some counties have limited legal aid or low-cost probate clinics.
• If funds are transferred to the state as unclaimed property, you may still be able to recover them through the state’s unclaimed property process, but that can be slower and may have additional requirements.