Detailed Answer: How to File a Motion to Determine Your Right to Surplus Money After a Foreclosure in New Jersey

Short answer: Locate the foreclosure case and sheriff’s report, confirm who holds the surplus funds, obtain proof of your legal right to the decedent’s assets (usually probate letters or an affidavit of heirship), prepare and file a motion in the same court that handled the foreclosure asking the court to determine entitlement and order the sheriff to pay the surplus to you, and serve notice on interested parties. Acting promptly and following proof and service rules is critical.

Disclaimer: This is general information only and is not legal advice. It does not create an attorney–client relationship. For advice about your specific situation, consult a licensed New Jersey attorney.

Overview & why this matters

When a property in New Jersey is sold at a sheriff’s or referee’s foreclosure sale, sale proceeds first pay the mortgage holder, lienholders, costs, and sale expenses. Any leftover money—called surplus funds or leftover proceeds—may belong to the homeowner, the homeowner’s estate, or other claimants. If your mother’s name was on title and the sale produced surplus proceeds, you must take steps to have the court determine who is entitled to that money and then order the sheriff to turn the funds over.

1. Where to file the motion

File the motion in the same Superior Court case where the foreclosure proceeded. That is the court that has jurisdiction over the sale and the sheriff’s report. Look up the foreclosure case number on the courthouse docket or the sheriff’s office records. If you do not know the county, check the foreclosure deed, public sale notice, or contact the county sheriff’s sale office where the property was located.

2. Important documents to gather before you prepare the motion

Copy of the foreclosure complaint and final judgment of foreclosure (court file/docket).
Sheriff’s report of sale and the report of distribution showing amounts paid (this shows whether a surplus exists and how much).
Deed, title records, or other proof that your mother owned the property.
If your mother is deceased: death certificate and probate documents. You will usually need Letters Testamentary or Letters of Administration issued by the county Surrogate’s Court to claim estate assets. If there was no probate, an affidavit of heirship or small-estate procedure may be necessary.
Any assignment, release, or lien documents (e.g., second mortgages, judgment liens) that could affect entitlement to surplus funds.
Photo ID for the person claiming entitlement and proof of relationship (birth certificate, family tree, will, beneficiary designation).

3. What your motion should include

The motion should clearly ask the court to: (a) declare who is entitled to the surplus funds from the foreclosure sale; and (b) order the sheriff to deliver the funds to that person or entity. Typical contents:

Court caption and foreclosure case number.
Statement of facts: summary of the foreclosure, sale date, sale price, payoffs, and the amount of surplus shown on the sheriff’s distribution report.
Identity of the moving party and the basis for their claim (owner, personal representative/executor, heir, assignee).
Supporting exhibits: sheriff’s report of sale and distribution, death certificate (if applicable), letters testamentary or letters of administration, deed, affidavit of heirship, and any other proof of entitlement.
Proposed order directing the sheriff to release the surplus to the moving party.

4. Who you must notify and serve

Serve the motion and supporting papers on all parties who may have an interest in the surplus. Typical parties include:

The foreclosure plaintiff (usually the bank or its attorney).
The county sheriff’s office (which holds the funds).
Any recorded lienholders or judgment creditors shown in the title or on the sale report.
Known heirs or beneficiaries of the decedent.

Follow the court’s rules for service—some recipients require certified mail, some need personal service, and the court clerk can confirm local practice.

5. Hearing and proof

The court may schedule a hearing where you’ll present your evidence. Bring originals or certified copies of probate letters, the death certificate, the sheriff’s report, and any affidavits that explain your claim. Expect the bank or other claimants to object if they believe they have priority.

6. Common complications

If the decedent’s estate has not been opened in Surrogate’s Court, the judge may require you to obtain letters before releasing funds. In many cases the county Surrogate must appoint an administrator or confirm an executor to collect estate assets.
Multiple claimants: if heirs, assignees, or lienholders dispute entitlement, the court may require formal probate or additional litigation.
Time limits: some rights to surplus may be affected by procedural deadlines or statutes of limitation; do not delay. (Check the foreclosure docket and local rules for timing.)

7. Probate and the Surrogate’s role

Because your mother is deceased, probate often matters. The county Surrogate’s Court issues the letters that prove a person has authority to act for an estate. If you are the executor or administrator, present those letters with your motion. If the estate is small, the Surrogate may permit a simplified process to collect and distribute assets.

For information on opening an estate or obtaining letters in New Jersey, start with the New Jersey Courts information for wills and probate: https://www.njcourts.gov.

8. Where to find New Jersey statutes and court rules

Procedures that affect foreclosure sales, distribution of sale proceeds, and probate are governed by New Jersey statutes and court rules. You can search the New Jersey statutes and rules at the official sites:

New Jersey Legislature (statutes): https://www.njleg.state.nj.us
New Jersey Courts (rules, forms, and self-help materials): https://www.njcourts.gov

9. Typical timeline

Locate foreclosure case and sheriff’s report: 1–2 days to a week.
Gather probate documents or apply for letters of administration: days to weeks, depending on county workload.
Prepare and file motion: a few days if you have documents ready.
Service and waiting period: varies by court (often several weeks for objections).
Hearing and court order: scheduling depends on court calendar; could be weeks to months.

10. Possible outcomes

The court orders the sheriff to pay the surplus to you (or to the estate representative) if your proof is sufficient.
The court determines another party has a superior claim and denies your request.
The court orders further proceedings, such as a quiet-title action, probate, or a partition among multiple claimants.

When to get a lawyer

If the surplus amount is significant, if multiple competing claimants exist, or if the estate has not been probated, consult a New Jersey attorney experienced in foreclosure, real estate, and probate matters. An attorney can prepare pleadings, ensure correct service, represent you at hearing, and advise whether opening a probate estate is required.

Helpful Hints

Start with the sheriff’s office where the sale occurred. They can confirm whether a surplus exists and provide the report of distribution.
If your mother died intestate (without a will), open a simple estate administration in the county Surrogate’s Court to obtain letters of administration.
Keep originals and certified copies of probate and identity documents; courts often require certified paperwork.
Use precise language in your motion: state the exact amount of the surplus and cite the sheriff’s report page and line showing the balance.
Document all service attempts and keep certificates of service or proof of mailing for court filing.
Even if the surplus seems small, do not ignore deadlines—some claims can be lost if you wait too long.
If you cannot afford an attorney, check for legal aid or lawyer referral services through the New Jersey State Bar Association or county bar associations.

Useful official resources:

New Jersey Courts (self-help & forms): https://www.njcourts.gov
New Jersey Legislature (statutes search): https://www.njleg.state.nj.us

If you want, I can: (1) draft a plain-language checklist you can take to the county sheriff and Surrogate’s office; (2) outline a sample motion you might file; or (3) help locate local probate or foreclosure forms for a specific New Jersey county. Tell me which you prefer.

Again, this is information only and not legal advice. For a decision about filing or litigating a motion, consult a licensed New Jersey attorney.