Foreclosure in 94109>Question Details

catsabatino, Home Owner in San Francisco, CA

Help! I recently found out that surplus funds from the sale of my home after bankruptcy and foreclosure was sent to the Superior Court of California.

Asked by catsabatino, San Francisco, CA Fri Dec 6, 2013

Surplus funds were sent in May of 2012. I'm still struggling to find steady work and can not afford an attorney. I'm in Oregon now and hope someone is familiar with the process of claiming the funds. A little guidance would be most appreciated!!

Help the community by answering this question:

Answers

6
suzette’s answer
I work with these types of claims all the time. You are receiving positives and negatives about the situation on this website. If you have not received the claim yet, please emaill me at naupainfo@gmail.com. I only charge if something is recovered.
0 votes Thank Flag Link Wed Feb 26, 2014
Been there, done that!

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
Mortgage Banker
CS Financial
http://www.HomeLoans.LA
http://www.HouseLoansLosAngeles.com
http://www.CondoLoansLosAngeles.com
http://www.Facebook.com/HomeLoans.LA
BRE Broker 01118365
NMLS 1029116
Office 424-249-7434
Cell 415-269-6249
mpinedo@csfinancial.com
Twitter @mariopinedo
2 votes Thank Flag Link Fri Dec 6, 2013
You don't file a claim witht the county, you file an "Excess Proceeds" claim with the foreclosure trustee that performed the sale. Call the trustee, ask for the form. Fill it out and send it back.

The bankruptcy may have an impact on this but, bankruptcy notwithstanding, that is what you do.
Flag Thu Feb 27, 2014
Oh my, I'm overwhelmed with gratitude for your time and expertise. Thank you so very much!
Catrina
Flag Fri Dec 6, 2013
Follow up: The Trustee who handled the sale at the courthouse steps is the contact that you want to make. One issue that overlays the foreclosure is the bankruptcy that you filed. BKs will usually encompass all assets that you have over all creditors. So, if there were surplus funds from the foreclosure on your home, they may have been distributed to other creditors in the BK.
I hope you are able to recover some funds.
Flag Fri Dec 6, 2013
Mario Pinedo,…, Real Estate Pro in Beverly Hills, CA
MVP'08
Contact
It's also possible that the state of California is holding it for you. Go to: unclaimed property.ca.gov

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.
1 vote Thank Flag Link Fri Dec 6, 2013
Are you sure you are entitled to these funds? When you let a home go to foreclosure you no longer own it and thus would probably not have any claim on the sales proceeds, even if there was some equity in the home.

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.

Good luck!
1 vote Thank Flag Link Fri Dec 6, 2013
Thank you.
Flag Fri Dec 6, 2013
Your BK attorney should have told you if after paying off all creditors you'll have anything left for you.
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,

Irina Karan
Beachfront Realty, Inc.
IrinaKaran@gmail.com
0 votes Thank Flag Link Sun Dec 8, 2013
I’m going to “guess” that you received a 90 Day Notice of Default threatening foreclosure unless you brought the loan current within those 90 days, or made arrangements with the lender.

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 “re-structure” 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 couldn’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 “excess funds”, the Title Company would have inquired how you wanted the funds forwarded to you. Such “excess funds” 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 “state comptroller” and you’ll see a link to “unclaimed property”.

If the funds aren’t there, consult the title company that sent you the Notice of Default.

Good luck.

Leopold A Rodriguez
Single Agency Broker 00849905
http://www.LeopoldRodriguez.com
Attorney at Law 43062
http://www.fsbo-attorney.com
400 Montgomery 505, San Francisco 94104
Office: 415.781.3000
0 votes Thank Flag Link Fri Dec 6, 2013
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2015 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer