Asked in Foreclosure and Real Estate Law for Washington

Q: My house sold at for closure auction where can I get free help claiming the surplus funds?

Auction was on aug.5th and I believe sold for 186,000 over what was owed .I am still in the house because without the money I have no cash to move and no where to go

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2 Lawyer Answers
Renee Louise Roman
Renee Louise Roman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Des Moines, WA
  • Licensed in Washington

A: Obtaining these funds may require the services of an attorney, one who is familiar with the surplus funds procedure, who can assess your situation. This process usually involves notice to lien holders and a hearing, so you may want to start that process as soon as possible. Although I am not aware of free resource, some attorneys may offer a free consultation and may take your case with payment when the funds are collected.

Mr. John P. Fazzio III
Mr. John P. Fazzio III
  • Foreclosure Defense Lawyer
  • Hoboken, NJ

A: Once the Surplus Funds are deposited with the superior court, parties with an interest in those funds may claim them in a specified order. “Interests in, or liens or claims of liens against the property” at issue attach to the Surplus Funds “in the order of priority that it had attached to the property”. RCW 61.24.080(3).

Where Surplus Funds remain after payment of all junior lien holders, the owner of record at the time of the trustee’s sale may assert a claim in such Surplus Funds. See also RCW 61.12.150 (providing for disbursement of Surplus Funds following a judicial foreclosure).

A request for disbursement of Surplus Funds may be made at any time after the trustee’s sale, upon 20 days’ notice, by a written motion and a hearing in the superior court for the county in which the Surplus Funds were deposited. See RCW 61.24.080(3); RCW 61.12.150.

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