Disclaimer

This is general information, not legal advice. I am not a lawyer. Use this article to understand the process so you can decide whether to consult an attorney licensed in Missouri.

Detailed answer — step-by-step: filing a special proceeding to recover surplus funds in Missouri

The following steps explain the typical path to recover surplus (excess) funds after a foreclosure sale under Missouri law. Procedures can vary by county. Always check the local circuit court rules or ask the clerk for specific filing requirements.

1. Confirm there is a surplus and where it is held.

   Obtain the foreclosure sale record (trustee/sheriff sale report), the final accounting for the sale, and any order confirming the sale. The surplus equals the sale price minus the total amount paid to creditors and sale costs. Sometimes the purchaser or trustee delivers the surplus to the circuit court clerk or county collector; sometimes it remains with the trustee. Contact the trustee, the purchaser, and the circuit clerk to learn if and where surplus funds were deposited.

2. Determine who is entitled to claim the surplus.

   Typical claimants (in order of priority) include the former property owner, junior lienholders who were wiped out by the sale, and other persons with recorded interests in the property. A purchaser at the sale generally does not have a claim to surplus. If multiple parties claim the surplus, the court will decide entitlement.

3. Collect documents that prove your claim.

   Documents you will likely need: deed showing your prior ownership or other proof of interest; photo ID; foreclosure sale records (trustees deed or sheriffs deed, sale ledger, order confirming sale); payoff statement or accounting showing how the surplus was calculated; any recorded liens; tax bills or receipts showing you paid taxes if relevant.

4. File a petition (special proceeding) in circuit court where the property sits.

   Missouri courts handle matters about distribution of funds from real estate sales in the circuit court where the land is located. Prepare a petition (sometimes called a “petition for distribution of surplus funds,” “petition for order directing payment of excess proceeds,” or similar). The petition should include: your identity and contact information; a concise statement of the foreclosure facts; the amount of surplus claimed; the basis of your entitlement; and a request that the court order disbursement to you. Attach copies of the trustee/sheriff deed, sale accounting, and documents proving your interest.

5. Pay filing fees and follow local filing rules.

   File the petition with the circuit clerk and pay the required fee (some courts waive or reduce fees in limited situations). Ask the clerk whether you also need to open a separate civil cause number or use a “miscellaneous” docket. Some counties have local forms or procedures for surplus funds; request any sample forms or instructions from the clerk.

6. Serve notice on interested parties.

   Missouri law requires notice to persons who might have an interest in the proceeds. That typically includes the purchaser at the sale, the trustee or mortgagee who conducted the sale, any junior lienholders, and sometimes creditors shown by public record. The court will tell you the method of service (personal service, certified mail, or by publication if you cannot locate parties). Keep proof of service.

7. Respond to objections and attend the hearing.

   Other claimants may respond or object. The court will set a hearing. Be prepared to present your documents, testify briefly under oath about your interest, and explain why you are entitled to the funds. If the court finds in your favor, it will enter an order directing the clerk (or trustee) to pay you the specified amount.

8. Collect the funds and close the matter.

   After the court signs an order, the clerk will issue payment per the courts instructions. If funds were deposited with the court previously, the clerk will typically issue a check. If the trustee still holds the funds, the court order will direct the trustee how to disburse. Keep the court order and receipts for your records.

9. Act quickly—observe any deadlines.

   Statutes of limitations or rules about claiming surplus funds can limit how long you have to assert a claim. Even if the court still holds funds, delays can make recovery harder. If you discover a surplus, start the process immediately.

Missouri statutes that govern foreclosure sales, distribution of sale proceeds, and related procedures are in the Missouri Revised Statutes. For statutory background on foreclosure sale procedures and distribution, see the Missouri Revisor of Statutes (Chapter on deeds of trust and sales): RSMo Chapter 443. For civil procedure and deadlines, see the Revisor site for applicable chapters such as RSMo Chapter 516 (Limitations) and local circuit court rules.

Common complications and what they mean

• Multiple claimants: The court decides distribution order. Expect contested hearings.
• Missing or incomplete records: You may need certified copies of the sale documents from the circuit clerk or the trustee.
• Unclaimed funds: If no one claims funds timely, the purchaser or trustee may be entitled to take steps to have the money disbursed or escheated under court direction.
• Creditor objections: Junior lienholders or taxing authorities may try to assert their rights to all or part of the surplus.

Helpful hints

• Start at the circuit clerks office where the property is located. Clerks can confirm whether surplus funds are on deposit and tell you local filing steps.
• Get certified copies of the trustees or sheriffs deed and the sale accounting. These documents are often essential to prove entitlement.
• Gather proof of prior ownership: deed, tax records, utility bills, or other documents tying you to the property.
• Ask the trustee and purchaser in writing whether they hold any surplus. Save that correspondence.
• Be prepared to identify and serve all interested parties. Missing a party can delay the case or cause dismissal.
• Keep meticulous records: pleadings, receipts, proofs of service, and the court order directing payment.
• If multiple claimants dispute the funds, consider hiring an attorney experienced in Missouri foreclosure and quiet-title/surplus proceedings.
• Act promptly. Statutes of limitations and court practices can create strict deadlines for claiming money from a sale.

When to consult an attorney

If the surplus is significant, other parties contest your claim, or the facts are unclear (e.g., you are not the recorded owner but claim an equitable interest), seek legal help. An attorney can prepare pleadings, handle service and objections, and represent you at hearings. If you cannot afford an attorney, contact your countys legal aid providers or the local bar association for referrals.