How to File a Motion to Determine Your Right to Surplus Proceeds After a Foreclosure in Louisiana

Short answer: To pursue surplus proceeds after your mother’s property was sold at a foreclosure sale in Louisiana, you should (1) confirm whether a surplus exists and who currently holds the money, (2) gather proof that you are entitled to the funds (death certificate, succession documents or heirship affidavit, ID), (3) contact the sheriff’s office or clerk of court who handled the sale and attempt an administrative claim, and (4) if the claim is refused or contested, file a court action (a rule or petition) in the court where the sale occurred asking the judge to determine who is legally entitled to the surplus and to order payment. Below you will find a step‑by‑step explanation of each stage, what documents you will likely need, and helpful tips for working with the court and sheriff.

Disclaimer

This is educational information only and not legal advice. I am not a lawyer. For specific legal advice about your situation, consult a licensed Louisiana attorney.

Detailed answer — Step‑by‑step under Louisiana law

1) Confirm whether a surplus exists and where it is held

After a foreclosure sale, the sale price first pays the costs of sale, court costs, and creditor claims secured by the property. Any remaining money is a surplus (sometimes called overage or excess proceeds). The sheriff or the clerk of court who conducted the sale will have an act of sale and an accounting showing the sale price, costs, and distribution. Contact the sheriff’s office and the civil clerk of the district court in the parish where the property was sold and request:

• a copy of the act of sale;
• the sale accounting or distribution sheet;
• information about whether any surplus funds were deposited with the court or are being held by the sheriff.

2) Determine who holds the legal claim to the surplus

If the owner of record was deceased at the time of sale, the surplus typically belongs to the deceased owner’s succession (estate) and only persons entitled under succession law (heirs, legatees, or a testamentary executor) can claim it. If a succession has been opened and an administrator or executor is in place, that person will normally claim the funds for the estate. If no succession has been opened, heirs can often claim surplus by proving their entitlement. Because succession (probate) law controls transfers at death, you will usually need either a small succession affidavit (if eligible), an opening of succession record, or a court judgment fixing inheritance rights before the court will disburse funds.

3) Collect the documents you will likely need

Commonly required documents include:

• Certified copy of the decedent’s death certificate;
• Identification for the person claiming the funds;
• Documents proving entitlement: court succession judgment, order of possession, small succession affidavit, authenticated will, heirship affidavit, or letters of administration (if a succession was opened);
• A certified copy of the sheriff’s act of sale and accounting (from the sheriff or clerk);
• Any correspondence or notices showing who was on record for the mortgage or liens at the time of sale.

4) Try to resolve the claim administratively with the sheriff or clerk

Many parishes allow an administrative claim process: present a completed claim form and supporting documents to the sheriff or clerk and ask them to release the surplus. If the sheriff or clerk is satisfied that you are entitled to the funds, they may issue a check or move the funds to the succession’s account. Always get written confirmation of what they will and will not do.

5) If the administrative route fails, file a court action to determine rights to the surplus

If the sheriff or clerk refuses to release the surplus or disputes competing claims, you will need to file a lawsuit in the district court where the sale occurred asking the court to determine who is entitled to the funds and to order payment. In Louisiana this usually takes the form of a rule, petition, or motion to determine rights to the proceeds of sale and to have the funds paid out to the successful claimant. Your filing should:

1. Name the interested parties (creditors, any other claimants, heirs, and the sheriff or clerk holding the funds);
2. Explain the factual basis for your claim (for example, you are an heir and no administrator has been appointed);
3. Attach documentary proof (death certificate, act of sale, accounting, succession documents or heirship affidavits);
4. Ask the court to determine rights to the surplus and order the sheriff/clerk to pay the funds to the correct person or estate.

6) Court process and possible outcomes

After you file, the court will generally set the matter for a hearing, notify (serve) other claimants, and consider evidence. The court can order the funds paid to the estate, to a named heir, to a testamentary legatee, or held pending further probate proceedings. If multiple claimants appear, the court will decide entitlement under Louisiana succession and procedural law. If you win, the court will issue an order directing the sheriff or clerk to disburse funds as ordered.

7) Timing and prescription considerations

Timing can matter. Louisiana law includes various time limits (prescriptive periods) for bringing certain claims. Some parishes or the sheriff’s office may have internal deadlines to present an administrative claim for surplus. If you believe a substantial amount is at stake, act promptly: request sale paperwork immediately, assemble documents, and consult a lawyer without delay to avoid losing rights through a missed deadline.

8) If someone else received the surplus improperly

If the sheriff or clerk already paid the surplus to someone else (for example a creditor or a third party) and you think payment was improper, you may need to bring an action against that payee and/or ask the court to order reimbursement. That is a more complex situation often involving contested litigation; consult a lawyer experienced in succession and civil procedure.

Where to find the laws and forms

Louisiana’s legislative website has the state laws and Code of Civil Procedure that govern sales, distribution of proceeds, and succession. For statutes and code sections relevant to judicial sales, execution of judgments, and succession, see the Louisiana Legislature website: https://www.legis.la.gov/ and use the law search tool: https://www.legis.la.gov/legis/LawsSearch.aspx. For practical help, contact the sheriff’s office and the civil clerk of the district court in the parish where the property was located.

Helpful Hints

• Start by requesting the act of sale and sale accounting from the sheriff and clerk — those documents show whether any surplus exists.
• If the decedent’s estate is eligible for a small succession (and you are an heir), a small succession affidavit may simplify claiming funds without full probate. Check eligibility rules and get help preparing the affidavit.
• Keep originals and certified copies of the death certificate and any succession documents. Courts and sheriff’s offices often require certified copies.
• Ask the clerk or sheriff what their internal claim procedure requires and whether they have a specific surplus claim form.
• If other creditors or claimants appear, consider mediation or settlement to avoid lengthy litigation; some courts will encourage an agreed distribution among heirs and creditors.
• Document all communications (dates, names, phone numbers, and summaries). Get any refusals or statements in writing.
• If you are unsure how to proceed or the amount is significant, consult a Louisiana attorney with experience in successions and civil procedure. Many attorneys offer a short consult to evaluate whether a court action is needed.
• Search for free or low‑cost legal help: local bar associations, legal aid clinics, and the Louisiana State Bar Association can direct you to resources if you cannot afford a private attorney.

When to contact an attorney

Contact a Louisiana attorney if (1) the sheriff or clerk refuses to release funds despite documentation, (2) multiple parties claim the surplus, (3) the surplus was paid to a third party already, or (4) you need help opening a succession or preparing the court filing. An attorney can file the appropriate rule/petition, handle service on other claimants, present evidence at hearing, and prepare the court order to release funds.

If you want, I can help locate local Louisiana attorneys who handle successions, foreclosure surplus claims, or related civil litigation in the parish where the sale occurred.