Q: On a civil judgement on someone with excess funds from a foreclosure. My suit filed post foreclosure. Any way to access?
The foreclosure trustee's attorney suggested I contact an attorney. This is in San Joaquin County, California
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A:
To access excess funds from a foreclosure, the first step is determining if the funds are still available. In California, excess funds are held by the trustee who conducted the foreclosure sale, and typically they are released to junior lienholders or the previous homeowner if unclaimed. Since your civil judgment was filed after the foreclosure, it may complicate your claim on those funds.
You may be able to file a claim for the excess funds as a judgment creditor, but this depends on several factors, including whether higher-priority claims have already been made. It's important to ensure that your judgment is properly recorded and pursue any available legal channels to assert your right to the funds.
Since the foreclosure trustee's attorney advised contacting legal counsel, it’s a good idea to review your options with a professional familiar with California foreclosure and judgment laws to see how your post-foreclosure judgment impacts your ability to claim the funds.
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