Detailed Answer

When a foreclosure sale produces money above the amounts owed (“surplus funds” or “excess proceeds”), the person who legally owned the property at the time of sale or who holds a valid, recorded interest in the property must prove that ownership to claim those funds. Maine law and local practice require clear, documented proof before a sheriff or court will release money. Below is a practical checklist of the most commonly accepted documents and the usual steps to follow.

Who can claim surplus funds?

Typical claimants include the former record owner (the mortgagor), surviving heirs or devisees of a deceased owner, a trustee acting for a trust owner, or a recorded lienholder with a superior interest. If someone acts on behalf of an owner (for example, under a power of attorney), that representative must show authority to act.

Primary documents that prove ownership

• Recorded deed: A certified copy of the deed recorded in the county registry of deeds that shows the claimant as owner at the time of sale. This is the strongest proof of ownership.
• County property tax records or assessor records: Records that list the claimant as the owner at the relevant time support a claim, especially when paired with a recorded deed.
• Title insurance policy or title report: A title policy or recent title search showing ownership and encumbrances.
• Closing documents: Settlement statement (HUD-1 or closing disclosure) or purchase contract tied to the recorded deed.

If the owner is deceased

• Certified death certificate.
• Letters testamentary or letters of administration: Court-issued documents showing who has authority over the decedent’s estate (probate). These often appear as proof that an executor or administrator can claim funds on behalf of the estate.
• Recorded probate orders or copies of a recorded deed transferring title to heirs.
• Affidavit of heirship: In smaller estates, a notarized affidavit of heirship may be used; courts or sheriffs sometimes require a probate court order instead.

If property is owned through a trust or entity

• Trust documents or a trustee certificate: A copy of the relevant portion of the trust or a trustee certification showing the current trustee and authority to act, and a recorded deed showing title in the trustee’s name.
• Corporate or LLC documents: Articles of incorporation/organization, a corporate resolution authorizing the signatory, and a certificate of good standing, plus a recorded deed or other instrument showing the entity’s ownership.

If acting by power of attorney or as an agent

• Durable power of attorney: A notarized, and where required, recorded power of attorney that explicitly authorizes real estate transactions or claiming funds on behalf of the owner.
• Identification: Government-issued photo ID for the agent and for the owner (if required).

Other commonly required items

• Copy of the sheriff’s sale notice or certificate of sale: Documents from the sheriff’s office showing the sale and that surplus funds exist.
• Affidavit or sworn claim form: A notarized statement describing the claimant’s interest and why they are entitled to the surplus. Many sheriff’s offices or courts supply a form or ask for a written affidavit.
• Proof of lien priority (if applicable): Recorded mortgage, assignment, or lien documents if a lienholder asserts a claim to the funds.
• Contact information and taxpayer identification: Current mailing address and the claimant’s tax ID or Social Security number (often required for disbursing funds).

Where to file and next steps

Procedures vary by county. Usually a claimant contacts the sheriff’s office that conducted the sale or the court that supervised it and submits the documents. If the sheriff is holding the surplus, they will have a claim form or instructions. If the funds were deposited with the court, the claim may require a motion or petition and a hearing. Expect the sheriff or court to request certified copies (not originals) and to require notarized affidavits.

Check Maine statutes and local court rules for distribution of sale proceeds, and review the sheriff’s website for the county where the sale occurred. For general Maine statutes and resources, see the Maine Legislature statutes website: https://legislature.maine.gov/statutes/ and the Maine Judicial Branch: https://www.courts.maine.gov.

When to get legal help

If multiple claimants assert competing rights, if an estate or trust is involved and no probate order exists, or if the sheriff or a court denies your claim, consult an attorney. A lawyer can prepare or review affidavits, petitions, and court pleadings. If you have uncertainty about deadlines, priorities of liens, or probate issues, seek legal advice promptly.

Disclaimer: This information is educational only and is not legal advice. Laws and procedural rules change. For advice on a particular situation contact a licensed Maine attorney.

Helpful Hints

• Start with the sheriff’s office or court that oversaw the sale; ask for their surplus-claim checklist and any claim form.
• Bring certified copies of recorded documents (deeds, probate letters). Sheriffs and courts prefer certified copies over originals.
• If the owner is deceased, obtain probate letters before filing a claim whenever possible.
• Match names exactly: names on recorded documents must match claimant identification. If names differ, bring supporting evidence (marriage certificate, name-change records).
• Keep organized copies of everything you submit and get written receipts for filings.
• If the property was held in a trust or entity, provide a clear chain of title showing authority to act or receive funds.
• Ask whether the sheriff will hold funds pending competing claims or whether a court filing is necessary; follow that process to avoid delays.
• When in doubt about complex ownership questions or contested claims, consult a Maine attorney experienced in real estate, foreclosure, or probate matters.