Auction Surplus

[RichS]

I had a forclosure on a property that I owned and at auction there was a surplus of funds. I filed a motion for "Turnover of Surplus". I am representing myself because the surplus amount is too small to retain an attorney. So I was hoping that someone could kind of "walk" me through what to expect in court. There is a twist with this case - There were two other parties involved in ownership. One was my brother and the third party I can not find. Am I going to have a hard time collecting the surplus because I can not contact the third party? Is there something that I can do about that before the case is heard? This was just a basic partnership (there was no formal written ageement drawn up). Any advise would be great!

 

[HomeGuru]

Escrow or the closing attorney is required to by law to cut the check in the names of all the title -holders unless otherwise directed by the Court or foreclosure Trustee.
Talk to these people and see if you can figure out your share and request that they cut a separate check to you and the other party, leaving the balance in escrow for the unknown third party.
Tell them you are willing to sign a hold harmless and indemnification agreement.