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Frequently Asked Questions About Foreclosure

Browse through our expert answers to common foreclosure questions. If you don't see your question here, submit it using the form below for a personalized response.

What exactly are foreclosure surplus funds?

Foreclosure surplus funds (also called overage funds) are the money left over after your foreclosed property is sold at auction for more than what was owed on the mortgage plus any fees associated with the foreclosure process. As the former homeowner, you may be legally entitled to claim these excess funds.

For example, if your home was sold at a foreclosure auction for $300,000, but you only owed $250,000 on your mortgage (including all fees and costs), there would be a $50,000 surplus that you might be able to claim.

How do I know if I have surplus funds available after my foreclosure?

You may receive a notice from the court or trustee informing you of surplus funds. However, not all jurisdictions send these notices. Our team can help you investigate if you have unclaimed surplus funds by checking court records and auction results related to your foreclosed property.

The best way to find out is to contact a foreclosure surplus recovery specialist who can research your specific case and determine if funds are available for you to claim.

How long do I have to claim surplus funds after a foreclosure?

The time limit varies by state, typically ranging from 1-5 years. Some states allow claims for even longer periods. It's important to act promptly once you discover potential surplus funds, as waiting too long might result in losing your right to claim.

For example, in Florida, you generally have up to 2 years to claim surplus funds, while in California, you may have up to 3 years. Our specialists can advise you on the specific time limits that apply in your state.

Do I need an attorney to claim surplus funds?

While it's possible to claim surplus funds yourself, the process can be complex and varies by jurisdiction. Working with experienced professionals increases your chances of success and often results in faster processing times. Our specialists have recovered millions for homeowners and understand the legal complexities involved.

The process typically involves filing specific court documents, potentially attending hearings, and navigating legal procedures that can be challenging without professional guidance.

How much does it cost to recover surplus funds?

Our services typically operate on a contingency basis, meaning we only get paid if we successfully recover funds for you. The fee is a percentage of the recovered amount, which means there are no out-of-pocket expenses for you. This arrangement aligns our interests with yours—we both want to maximize your recovery.

Be cautious of companies that ask for large upfront fees or make guarantees that seem too good to be true. Legitimate recovery specialists will be transparent about their fee structure and process.

Can I still claim surplus funds if I've already moved out of state?

Yes, you can still claim surplus funds even if you've relocated to another state or even another country. Your right to these funds is not affected by your current location. Our team can handle the entire process remotely, and we work with clients nationwide.

We'll need some basic information from you to begin the research process, but physical presence in the state where the foreclosure occurred is typically not required.

What information do I need to provide to start the recovery process?

To begin investigating your potential claim, we typically need:

  • The address of the foreclosed property
  • Your name as it appeared on the mortgage or deed
  • Approximate date of the foreclosure
  • Any foreclosure case number or documentation you may have
  • Current contact information

With this basic information, our specialists can begin researching your case to determine if surplus funds exist and the potential amount available for recovery.

How long does the surplus funds recovery process take?

The timeline for recovering surplus funds varies depending on the state and county where the foreclosure occurred. Generally, the process can take anywhere from 2-6 months from start to finish. Some jurisdictions process claims more quickly, while others may have backlogs that extend the timeline.

Our team will provide you with regular updates throughout the process and work diligently to recover your funds as quickly as possible.

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