Q: I need legal advice on how to collect surplus funds from an auction
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A:
You must first file a claim with the clerk of the court where the auction was held. The claim must be filed within 60 days of the sale date.
Once you have filed the claim, the clerk of the court will notify the other parties involved in the foreclosure, including the lender and the buyer. The other parties will have 30 days to object to the claim.
If no one objects to the claim, the clerk of the court will distribute the surplus funds to you. If someone does object to the claim, the court will hold a hearing to determine who is entitled to the funds.
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