San Francisco, CA asked in Foreclosure for California

Q: my house was for closed done prior to foreclosure during default. I tried to sell it through a real estate agent,

And sold the house they sold it for a fair price and my entitled to extra money if there is any, it was definitely enough to pay off the loan and pay off other debts. How do I find out any of this information?

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2 Lawyer Answers
James Clifton
PREMIUM
Answered

A: The trustee is required to provide you with notice of any money you are owed from the auction within 30 days of the foreclosure. If you haven't received that, there may not be any money. You can request the details from the foreclosure including the payoff amount and highest bid directly from the lender or foreclosure attorney. Sometimes it is difficult to locate the exact information you are looking for and hiring an attorney may be in your best interest. Most attorneys assisting clients with foreclosure surplus funds recovery charge a contingency fee, meaning you don't have to pay anything unless the attorney successfully recovers money for you. Schedule a free consultation to make sure you recover all of the money you are entitled to from the foreclosure.

James L. Arrasmith
PREMIUM
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Answered

A: First, you'll want to contact the foreclosing lender or the trustee who handled your foreclosure sale. They are required by law to provide an accounting of the sale proceeds and any surplus funds. This is your right as the former homeowner.

If the sale generated more money than what was owed on the loan plus foreclosure costs, you're entitled to claim these excess proceeds. In California, the trustee must notify you about any surplus funds within 30 days of the sale. You can also check with the county recorder's office where your property was located, as they maintain records of foreclosure sales.

To pursue these funds, you'll need documentation showing your ownership of the property and the foreclosure details. Consider reaching out to legal aid organizations in California that help homeowners with foreclosure issues - many offer free or low-cost assistance. You can also file a formal request with the county court to claim any surplus funds from the foreclosure sale. Remember that there's typically a deadline for claiming these funds, so it's important to act promptly.

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