You are entitled to any funds left over after all liens are satisfied.
You would have to file a claim in the County that the property was located.
I will research what the filing documents were and follow up with you.
Mario Pinedo, CCIM
BRE Broker 01118365
Simply input your name and you'll find out if there are funds due to you. Instructions on how to claim will be there too.
Unfortunately this is a question only an attorney can help you with. I'd recommend going to http://www.lawhelpca.org to find a legal aid agency in your area that may be able to help you at a low cost.
You may not be entitled to these funds, if after the sale of home the creditors didn't get what was due them. However, if "leftovers" exceed the debt total, the funds can be obtained through a non-profit legal services.
Hope this helps,
Beachfront Realty, Inc.
Within those 90 days, in order to stall the Foreclosure process in its tracks you applied for Chapter 13 protection in Federal District Court, not the San Francisco Superior Court. The bankruptcy process would have given you the opportunity to â€œre-structureâ€ your loan.
My next guess is that you moved and decided to leave no forwarding address with the Post Office, or forwarding number with the telephone company. So neither the Trustee in Bankruptcy, nor the lender, nor the Title Company could find you. The Bankruptcy was then closed, as the Trustee couldnâ€™t find you; the foreclosure process continued on and all further Notices from the Title Company were returned as the Title Company could not find you. It is probable that the sale proceeds only covered lender costs and deficiency. In the unlikely event that there were â€œexcess fundsâ€, the Title Company would have inquired how you wanted the funds forwarded to you. Such â€œexcess fundsâ€ would then be forwarded to the State, as the Title Company could not find you.
Check the California Comptroller website to confirm whether funds were escheated to the State. If they were, you will get them back. Google â€œstate comptrollerâ€ and youâ€™ll see a link to â€œunclaimed propertyâ€.
If the funds arenâ€™t there, consult the title company that sent you the Notice of Default.
Leopold A Rodriguez
Single Agency Broker 00849905
Attorney at Law 43062
400 Montgomery 505, San Francisco 94104