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Claiming surplus funds following foreclosure

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Ladynred

Senior Member
Hi, TN here.

I'm not sure if this is the correct place to ask this question, but here goes anyway.

I had a home in S.C. that was foreclosed by the primary lender and sold in December 2001. The house had a 2nd mortgage against it (and it seems that bank didn't make much of an effort to get anything from the sale).

I have received a notice that there were 'surplus funds' and that I may make a claim for these funds (not that I really expect to get them, but what the heck). I don't have a lawyer (recently laid-off and can't afford one) and the letter from the court that explains how I can claim the funds has left me with questions.

According to the letter from the court, I need only write a letter (it states no forms required). The phrase that I need a bit of clarification on is as follows:

"Claim must be verified or supported by Affidavit, norarized, and filed with the Equity Court within 45 days of the Order confirming the sale".

Ok.. so, what exactly must I do here ? What sort of verification and/or affidavit to I need to provide ? Finding a notary is easy. I have to get this to the Equity Court by the 22nd of March.


Thanks !
 


HomeGuru

Senior Member
Contact the foreclosure Trustee and the Court. If the 2nd was paid off and there is still an overage, you must get it back as it is your money.
 

Ladynred

Senior Member
The 2nd has NOT been paid off.. that account went to collections a long time ago.. and now their lawyer.. so a judgement is pretty much inevitable.

Like I said, I don't realistically expect to get this money, but I'm going to put my 2 cents in anyway ! I just need to know, legally, what they want and how I write my letter.


Thanks!
 

Ladynred

Senior Member
I know exactly what it sold for, as that is in the sale order that came with this letter for claiming the funds. I have received a 1099-A form as well.

I realize my chances of getting this money are slim to none, but they're giving me the chance to claim it and I'm going to do so, got nothing to lose....

I just need to know what kind of affidavit, etc. I need to get this claim filed with the court.

Thanks
 

Ladynred

Senior Member
minor update

I just wanted to say that I did call the court. All I needed to do was to have my signature notarized. The letter from the court specified everything else that I needed to put in my letter/claim, guess that qualified it as an Affidavit. I fed-ex'd the claim yesterday, deadline is Friday. It'll be very interesting to see what comes out of this.:rolleyes:
 

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