Detailed Answer

If a foreclosure sale produced money above what was owed on the mortgage (a surplus), Utah law allows certain persons—typically the former owner, heirs or lienholders—to claim that surplus. Because your question involves a parent who has died, the process often includes a probate or estate-step before you can collect. The steps below explain how to locate a surplus, assert a claim, and (if needed) file a motion in Utah court asking the judge to determine who is entitled to the funds.

1. Confirm whether a surplus exists and how much

Obtain the foreclosure sale documents: Start by getting the trustee’s/sheriff’s sale record and the “trustee’s deed” or sale confirmation. These are usually recorded at the county recorder’s office where the property sits. The sale paperwork will show the sale price and a distribution or accounting of proceeds.
Request a payoff/distribution statement from the trustee or foreclosing party: If records are unclear, ask the trustee or law firm that handled the sale for a written accounting showing distribution of sale proceeds.

2. Identify who has a legal right to the surplus

Priority rule: Utah law and usual practice distribute funds first to the foreclosing creditor(s), then to senior and junior lienholders, and finally to the former owner or the owner’s estate for any remaining balance.
If your mother is deceased, her interest in any surplus is part of her estate. That means the person with legal authority to claim funds is the personal representative/executor appointed in probate, or a person entitled under Utah succession rules if no probate is opened.

3. Immediate steps to try to obtain the surplus without court

Contact the trustee or foreclosing party and present proof of your mother’s death and your authority (e.g., letters testamentary, letters of administration, or heir affidavit). Request payment or instructions for claiming the surplus.
If no estate administration exists, ask the trustee whether they will pay the surplus to an heir who executes an affidavit or small‑estate form. Trustees may require a court order if there is disagreement.

4. When to file a motion in Utah court

If the trustee or foreclosing creditor refuses to pay the surplus, multiple parties claim the money, or it’s unclear who is entitled, you will likely need to file a formal motion or petition asking a Utah court to determine rights to the surplus and order distribution.

Typical elements of the motion or petition

A short statement of facts identifying the property, the foreclosure sale date, the sale price, and the amount of surplus you claim exists.
Your status and authority to seek the surplus (e.g., personal representative, heir, beneficiary). Attach probate documents if available.
Copies of the trustee’s deed, sale accounting, lien records, and any communications demanding payment.
A proposed order asking the court to determine the rightful recipient(s) and to direct disbursement of the funds held by the court, trustee, or clerk.

Where and how to file

File the motion in the district court for the county where the property is located or—if the foreclosure was a judicial foreclosure—in the case where the foreclosure judgment was entered. Utah Courts provide self-help information on foreclosure steps that can help you locate the proper court: Utah Courts – Foreclosure Help.

5. Notice and service

Utah procedure will require you to give notice to interested parties: the trustee/foreclosing creditor, any junior or senior lienholders shown in the title chain, and anyone else with a claimed interest. The court will instruct how to serve these parties—typically by mail and possibly by publication if a party cannot be located.

6. Evidence and hearing

At the hearing the court will weigh title records, lien priority, probate documents, affidavits, and trustee accounting. If the court finds you (or your mother’s estate) is entitled, it will enter an order directing distribution of the funds to the identified person or estate representative and may direct the clerk or trustee on how to pay.

7. Collecting the funds after a court order

Follow the court’s judgment procedures: the clerk or trustee will usually require a certified copy of the order, your identification, and proof of authority if you collect for an estate. The court may direct distribution by check to the estate or named recipient.

Key Utah statute

Utah’s statutory framework for foreclosure and distribution of sale proceeds is in the Utah Code. For provisions dealing with foreclosure sales and distribution of proceeds, see Utah Code Title 57 (Mortgages and Deeds of Trust), including the section addressing sale distributions: Utah Code §57-1-25. (If your matter involves a judicial foreclosure or other court-supervised sale, other Utah Code provisions and court rules may apply.)

Special note if your mother is deceased

If a probate is already open: the personal representative should file and claim the surplus on behalf of the estate.
If no probate exists: you may need to open probate or use Utah’s small‑estate tools or affidavit procedures so someone has legal authority to claim funds. Courts often will not release funds to an informal claimant without proof of authority.

When to get a lawyer

Consider hiring an attorney if: the amount at issue is significant, multiple parties claim the funds, the trustee or creditor resists, or probate issues complicate ownership. An attorney can draft the necessary motion, identify parties that must be served, and present the claim at hearing.

Disclaimer

This information is educational and not legal advice. It does not create an attorney-client relationship. Laws and court procedures change; consult a licensed Utah attorney for advice about your specific situation.

Helpful Hints

Act quickly: court and trustee procedures may have deadlines. Preserve sale documents and communications immediately.
Gather paperwork: recorded deed, trustee’s deed, sale accounting, title search showing liens, death certificate, and any probate papers.
Check county records online: many county recorders publish trustee sale and recording information online that shows distributions.
Talk with the trustee/foreclosing law firm first: sometimes they will pay a valid claimant without court intervention if you provide proper proof.
If your mother died owning the property, be prepared to show your legal authority (letters testamentary, letters of administration, or an heir affidavit) before a court or trustee will release funds.
Keep careful service records: the court will want proof that all interested parties received notice of your motion.
Use the Utah Courts self-help resources for foreclosure matters to learn local filing procedures: https://www.utcourts.gov/howto/foreclosure/.
If you represent multiple heirs, get an agreed distribution in writing before asking the court to approve it; that often speeds resolution.