Detailed Answer — Step‑by‑step process

If a property in Rhode Island sold at a foreclosure sale for more than the total debts and proper sale costs, the surplus typically belongs to the person(s) legally entitled to the equity — often the former owner or the former owner’s heirs. To get the court to declare who is entitled and to receive the money, you normally must ask the court that supervised the foreclosure sale to determine entitlement and disburse the surplus.

1) Confirm whether a surplus exists and who holds the funds

• Obtain the foreclosure sale paperwork: sheriff’s sale return, certificate of sale, and any sheriff or court accounting showing sale price, payoff amounts (mortgage, judgment, taxes), and sale costs. The sheriff or the court clerk usually maintains these records.
• If the sale produced net funds after paying all liens and sale costs, those funds are typically held by the sheriff or the court until the court orders disbursement.

2) Identify the correct court and docket number

• Most residential foreclosures in Rhode Island proceed through Superior Court. File any motion in the same court and docket where the foreclosure was heard. If you are unsure, contact the Superior Court clerk for the county where the property is located. Rhode Island courts: https://www.courts.ri.gov/

3) Determine your legal basis to claim the surplus

• Common claimants: the former homeowner (mortgagor), the homeowner’s heirs or estate representative (if the homeowner died before or after the sale), holders of junior liens or judgments, or other parties with recorded property interests.
• If the homeowner is deceased, you may need letters testamentary or letters of administration (proof that you are the appointed personal representative), or an affidavit of heirship if no probate was opened.

4) Prepare the documents to file

Typical filings and attachments include:

• Motion or Petition to Determine Right to Surplus Funds: ask the court to determine who is entitled to the surplus and order disbursement.
• Proposed Order: a short order the judge can sign directing disbursement if the court finds for you.
• Declaration or Affidavit in Support: explain facts (your relationship to the decedent, ownership history, why you are entitled). Attach supporting documents: deed, death certificate (if applicable), probate documents, trust documents, IDs, and any accounting or return from the sheriff showing the surplus.
• Certificate of Service: proof you served interested parties (creditors, mortgagee, foreclosure counsel, heirs) with the motion per court rules.

5) Serve all interested parties

State the names and addresses of all parties who may have an interest: the foreclosing mortgagee, any junior lienholders, the sheriff, and known heirs. Service methods (personal, certified mail, or as the court directs) must follow Rhode Island court rules.

6) File the motion and pay filing fees

• File at the Superior Court clerk’s office where the foreclosure case is pending. Confirm the local filing fee and any sheriff or publishment charges. If you cannot afford fees, ask the clerk about a fee waiver (in forma pauperis) procedure.

7) Court response: hearing and evidence

• The judge may schedule a short hearing. Bring originals or certified copies of deeds, the sheriff’s accounting, death certificate, probate letters, and any documents proving your claim to the surplus.
• The court will evaluate competing claims (for example, whether a junior lien has priority). The judge will enter an order awarding the surplus to the party entitled under law.

8) Collecting the funds

After the judge signs the order, the sheriff or court will release the funds to whoever the court awards them to. If the award goes to an estate, the clerk/sheriff may require a court-certified copy of the order plus letters testamentary/administration and W‑9 or tax info for payment.

Special circumstances involving a deceased homeowner

• If your mother died and there is an open probate estate, the estate representative (executor or administrator) usually must assert the claim for the estate.
• If there is no probate, an heir may file an affidavit of heirship and motion, but some clerks or the sheriff prefer letters showing formal appointment.
• If the foreclosure case named the deceased as the defendant, make sure the court record reflects substitution of the estate or heir, so the court can address the surplus claim.

Rhode Island statute and court authority

Rhode Island statutes and Superior Court procedures govern foreclosure sales, distribution of sale proceeds, and the court’s ability to order disbursement. See Rhode Island General Laws (Title 34, Property) for the statutory framework that addresses mortgages, foreclosures, and related property matters: https://webserver.rilegislature.gov/statutes/title34/ . For court procedures and to locate the appropriate Superior Court office, see the Rhode Island Judiciary: https://www.courts.ri.gov/ .

Because local practice can vary and proceedings often involve both foreclosure law and probate issues, many people hire a lawyer to prepare the motion, handle service and hearings, and make sure deadlines and technical requirements are met.

Helpful Hints

• Gather documents first: deed, foreclosure docket number, sheriff’s sale return, payoff statement, death certificate (if applicable), and any probate paperwork.
• Contact the Superior Court clerk in the county where the property is located to confirm filing location, local rules, and fee amounts: https://www.courts.ri.gov/Courts/SuperiorCourt/Pages/default.aspx
• If a probate estate exists, speak with the estate’s attorney or the personal representative before filing — the estate may already have or plan to assert the claim.
• Serve everyone who might claim the funds: foreclosing mortgagee, junior lienholders, the sheriff, and known heirs. Proper service avoids delays and objections.
• Be ready to prove your status: courts usually require clear proof of ownership or of your authority to act for the decedent’s estate.
• Deadlines matter: act promptly. Although surplus claims vary by situation, waiting can make recovery harder and may allow others to file competing claims.
• If you are unsure whether a foreclosure produced a surplus, ask the sheriff or the foreclosure counsel for the sale accounting in writing.
• Consider hiring a lawyer, especially when heirs dispute distribution, or when the estate or title is complex. A lawyer can prepare pleadings, handle hearings, and ensure compliance with Rhode Island statutes and court rules.