Facing Tax Foreclosure in McIntosh County, North Dakota? Here Is What You Need to Know About Surplus Funds
If you are a homeowner in McIntosh County, North Dakota, and you have received a notice about delinquent property taxes -- or your property has already been sold at a tax sale -- you are not alone. Families across small, close-knit communities like Ashley face this every year. But there is something important you may not know: you could be owed money.
How Tax Sales Work in McIntosh County
McIntosh County follows North Dakota's tax lien process. In McIntosh County, the County Auditor manages tax sales. When your property sells for more than the delinquent taxes, penalties, and costs owed, the difference is called surplus funds -- and that money may belong to you.
Under Section 35-22-22 (mortgage foreclosure surplus) and Section 47-30.1-02 (abandoned property), for mortgage foreclosures, the officer holds surplus for 30 days, then it becomes payable to the mortgagor on demand.
Key Deadlines
North Dakota imposes strict deadlines for claiming surplus funds. Missing them can mean losing your money:
- 30-day claim period after a foreclosure sale for lienholders to serve written notices (Section 35-22-22)
- After 30 days with no claims, surplus is payable to the mortgagor on demand
- Three-year abandonment period under Section 47-30.1-02 before funds are presumed abandoned
North Dakota's tax system often results in county acquisition rather than competitive auction, so surplus from tax sales is less common. However, mortgage foreclosure surplus is still recoverable, and Tyler v. Hennepin strengthens all property owner rights.
Your Rights After Tyler v. Hennepin County
In 2023, the U.S. Supreme Court unanimously ruled in Tyler v. Hennepin County that governments cannot keep surplus proceeds beyond what is owed -- doing so violates the Fifth Amendment. If your property sold for more than you owed, that excess is yours.
Steps to Take Now
- Contact the County Auditor in McIntosh County (Ashley) to ask whether surplus or excess funds exist from the sale of your property.
- Act within 30 days of sale if possible. The officer holds mortgage foreclosure surplus for 30 days for lienholders. After that, funds are payable to the mortgagor on demand.
- Gather documentation. Proof of ownership, government ID, foreclosure records, and any correspondence you received.
- File your claim. If more than three years have passed, check North Dakota's unclaimed property division -- funds may have been transferred there.
Free Help from AuctionBlock.org
AuctionBlock.org is a mission-driven company that helps homeowners recover surplus funds for a flat $4,999 fee upon successful recovery. If you owned property in McIntosh County that was sold at a tax sale, visit AuctionBlock.org to find out if you are owed money. Our help is always free.
This article is for educational purposes only and does not constitute legal advice. Always verify current statutes and consult a licensed attorney in North Dakota. Last updated: April 2026.