Mortgage foreclosure surplus

Mont. Code Ann. § 71-1-316 governs a small-tract trust-indenture sale surplus: the trustee deposits it with the county clerk and recorder, which passes it to the treasurer; an interested party petitions district court for a priority and disbursement order. Section 71-1-316 does not set a fixed claim filing cutoff. It requires at least 20 days’ notice before the court hearing on a disbursement petition. The no-redemption rule after a nonjudicial trustee sale under § 71-1-318 is separate.

Tax sale surplus

Mont. Code Ann. §§ 15-18-220 and 15-18-221 govern a tax-deed auction and proceeds. The treasurer first satisfies the assignee’s statutory amounts, then distributes any surplus to the legal titleholder of record. Under § 15-18-221(3), the county treasurer must distribute tax-deed auction surplus within 30 days after receiving the purchaser’s payment. The statute does not impose a separate 30-day owner application cutoff; tax-lien redemption before deed is distinct.

Unclaimed funds

Montana Uniform Unclaimed Property Act, Mont. Code Ann. §§ 70-9-801 et seq.; § 70-9-815 governs claims to the Department of Revenue. Section 70-9-815 has no fixed initial owner-claim deadline. The administrator ordinarily decides within 90 days; since a 2025 amendment, it may pay certain verified owners directly for property of $1,000 or less.

Statute text

Links to the statutes referenced in our research. These may be third-party copies of older code editions, so check the current official code before relying on them.

• Tax sale surplus statute
• Mortgage foreclosure statute