Boca Raton, FL asked in Foreclosure, Real Estate Law and Probate for Utah

Q: I'm an heir to an estate, How do I get my funds out of court after a foreclosure?

2 Lawyer Answers
Kenneth Prigmore
Kenneth Prigmore
  • Estate Planning Lawyer
  • Spanish Fork, UT
  • Licensed in Utah

A: The entity that foreclosed on the home will have the money initially. If it's over $100k, they will normally refuse to give it to an heir without first your going to court and requesting to be named as the personal represenative.

If it has been long enough, the entity may have turned the funds over the state treasurer's office. You can look up names on their website to see if any funds are held there.

Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Probate Lawyer
  • Knoxville, TN

A: Mr. Prigmore will be correct if a Surplus exists. But if a Note Deficiency results, you will get nothing. Check with the lender and the Court to see what sale brought, positive or negative.

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