When property is sold at foreclosure the money first goes to pay the costs of the foreclosure proceeding. Then payments are made to those with liens (such as the mortgage) on the property. After these are paid, the owner is usually entitled to funds left over. This describes how to get excess money deposited with the court clerk after the mortgage foreclosure is paid. However, this usually requires the owner to file pleadings seeking disbursement.
This discussion applies to Oklahoma only.
Did Your Home Sell for More Than Was Owed at Sheriff’s Sale?
In a foreclosure the property doesn’t just go back to the bank. There is a process which involves a Sheriff’s sale. This is an open event where investors can bid to purchase property being foreclosed. Often these result in a situation where there are excess funds paid into the court. You can research your own case to see how much was bid and whether there are excess funds. Here are the steps:
- You can call the court clerk and ask if there are funds on deposit. Court Clerk Phone Numbers Ask if there are “excess funds being held”. The clerk will likely tell you that you need an order to claim the funds but will probably advise you to seek the advice of an attorney.
- Search for your case by name or case number here: OSCN Docket Search
- Look for the Sheriff’s Return of Sale and note the amount
- Look for an order that is titled something like this, “ORDER CONFIRMING SHERIFF’S SALE AND DISBURSING SHERIFF SALE PROCEEDS”
- If the return of sale was greater than the funds disbursed to the plaintiff, then it is likely that there are funds available for disbursement
- Or you can call the court clerk and ask if there are funds on deposit. Courts – OSCN
Defendant is Entitled to Excess Money
Title 12 Oklahoma Statute. Section 773 is entitled “Payment to Defendant of Overplus after Sale.” provides describes what happens when there is more than enough money to satisfy the mortgage foreclosure. It states:
If, on any sale made as aforesaid, there shall be in the hands of the sheriff or other officer more money than is sufficient to satisfy the writ or writs of execution, with interest and costs, the sheriff or other officer shall, on demand, pay the balance to the defendant in execution.
This allows the foreclosed owner to receive the excess money paid into the court clerk.
What is Needed for the Court Clerk to Pay Out Excess Money to Foreclosed Owner?
1. Contact the court clerk to determine the exact amount being held.
2. Contact Judge’s Office to Set a Hearing
3. File a motion to disburse funds with a notice of hearing
4. Send notice to all interested parties
5. Prepare a order for disbursement
6. Attend hearing with order
7. File order with court clerk
What if the Owner / Defendant is Deceased?
Probate has Been Filed: If there is a probate pending in Oklahoma the personal representative or executor can file this motion even if the probate is in a different county than the foreclosure. This may be possible even if the foreclosure has been concluded.
No Probate: If not probate is pending and the funds are less than $50,000 it may be possible to file a motion with an appropriate small estate affidavit. In other cases a probate may be required. Probate Information
How Can I Find Out if the Mortgage was Paid-In-Full and Extra Money is on Deposit?
Attorney’s Fees are Contingent Upon Recovery
These cases are usually handled on a contingency fee basis. This means that nothing is owed unless a successful disbursement is made from the court. The court will be directed to disburse the attorney’s fees and the remainder to persons entitled to the disbursement.