Detailed Answer — How to file a motion to determine your right to surplus funds after a foreclosure in Maine

Short answer: After a foreclosure sale, any sale proceeds beyond what is required to pay the foreclosing lien(s) are called surplus or excess proceeds. If you believe you (as the former owner or another claimant) are entitled to that surplus, you must locate where the surplus is held, identify the correct court or county office, prepare and file a motion (sometimes called a petition) asking the court to determine the rightful recipient, serve the required parties, and appear at the hearing. Act quickly — deadlines and notice requirements matter.

Key concepts — what you need to know first

• Surplus (excess) proceeds: Money left after the foreclosure sale pays senior liens, costs, and sale expenses.
• Possible claimants: the former owner (mortgagor), junior lienholders, judgment creditors, or others with recorded interests.
• Where funds are held: Depending on how the foreclosure was conducted and local practice, excess proceeds may be held by the sheriff, the foreclosing party’s attorney, or deposited with the court or county registry. You must find the sale records and the sheriff’s or trustee’s return to know where funds went.
• Which court: Foreclosure matters in Maine are typically handled in the court where the foreclosure action or sheriff’s sale was processed. Many foreclosure sales and related motions are in the Superior Court for the county where the property is located. Check the file for the foreclosure judgment and sale paperwork.

Step-by-step: How to file a motion to determine your right to surplus funds in Maine

1. Get the foreclosure file and sale documents.

   Obtain a copy of the foreclosure judgment, the sheriff’s or trustee’s return of sale, and any certificate of sale or deed given at the sale. These documents identify the sale price, payoff amounts to lienholders, and whether any surplus was generated.

2. Confirm whether surplus exists and who holds it.

   Look for an accounting or return of sale. If the sale produced a surplus, the return should show the amount and often where it was deposited. If you can’t find this, contact the sheriff’s office or the foreclosing attorney and ask where excess proceeds were deposited.

3. Identify interested parties and required service.

   Common interested parties include: the foreclosing lender, any junior lienholders listed in the foreclosure file, and other recorded creditors. Maine court rules require that all interested parties be notified of motions that affect their rights. Check the foreclosure case docket to pull the party mailing list and addresses.

4. Determine the correct pleading to file.

   In many cases you will file a motion or petition titled something like “Motion to Determine Right to Surplus Funds” or “Petition for Distribution of Surplus Proceeds.” The pleading should state who you are, your relationship to the property (e.g., former owner), the facts that show a surplus was created, the amount you claim, and the basis for your claim (owner’s equity, recorded lien, etc.).

5. Prepare supporting documents and an affidavit.

   Attach the foreclosure judgment, return of sale, deed or certificate of sale, your ID or proof of ownership, and any lien documents if you are a lienholder. Include a sworn affidavit describing the facts: how you are entitled to the money, how you learned of the surplus, and any efforts you made to recover it.

6. File the motion with the proper court and pay filing fees.

   File the motion in the court that handled the foreclosure (usually the county Superior Court). Filing requirements and fees vary by county. If funds were deposited with the court, the clerk’s office can advise on the correct docket to use.

7. Serve all required parties.

   Serve the foreclosing party, any junior lienholders, and other interested parties with a copy of your motion and supporting documents per Maine Rules of Civil Procedure. Proof of service must be filed with the court.

8. Request a hearing and be prepared to show up.

   The court will usually schedule a hearing. Be prepared to explain your legal basis for claiming the surplus, present your documents, and answer questions. The court will decide distribution based on priority of claims and the evidence.

9. If the court awards the surplus, follow the court order to collect the funds.

   The court’s order will explain how funds will be disbursed (e.g., paid from the sheriff or released from the clerk’s registry). That order is what the holder of the funds will rely on to release payment.

Where to find Maine statutes and court rules (important references)

• Maine Revised Statutes (Title 14 — real property and mortgages): https://legislature.maine.gov/statutes/14/
• Maine Judicial Branch — rules and forms (procedures for motions, service, and filings): https://www.courts.maine.gov/rules_adminorders/
• Maine Judicial Branch main site (county court contacts and self-help information): https://www.courts.maine.gov/

What to expect and common outcomes

• If you are the former owner with equity after the sale, the court often awards the surplus to you after confirming no superior claims exist.
• If a junior lienholder had a recorded interest that out-prioritizes your claim, the court may award the surplus to that lienholder instead.
• The court will resolve competing claims based on priority, written liens, and evidence. If claims are disputed, you may face contested hearings.

When to get help

• When the amount at issue is significant.
• When multiple creditors claim the funds.
• When you’re unsure where the funds are held or which court to file in.

Helpful Hints

• Act quickly. Some rights and remedies can be time-limited; begin gathering records as soon as you learn of a surplus.
• Get the foreclosure docket number and county — those facts determine where you must file.
• Keep certified copies of recorded instruments (mortgage, satisfactions, judgments) to show priority.
• If the sheriff or foreclosing attorney holds the funds, send a written request asking where they deposited the surplus and obtain a written response.
• File a clear, fact-based affidavit with your motion. Courts rely on sworn statements when documentary proof is limited.
• If you cannot afford an attorney, look for low-cost help through Maine’s legal aid organizations or court self-help resources: https://www.courts.maine.gov/ (search for self-help or pro se resources).
• Keep service proof: the court will require proof everyone was properly notified.
• Be prepared for the court to require documentation of identity and your connection to the property (deed, probate documents if you inherited, etc.).

Disclaimer

This article explains general Maine procedures and is educational in nature. It is not legal advice. For advice about your specific situation, consult a licensed Maine attorney or your local legal aid organization.