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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111526
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have an older case (4 years) that was closed by summary

Customer Question

I have an older case (4 years) that was closed by summary judgment where I paid funds into the court (I believe it's an escrow account). There is almost $7,000 in the account being held by the court because no motion was ever filed to release the funds. The case was a wrongful foreclosure and was ruled in my favor. Basically, for a few months I was paying my house payment to the court. I do not have an attorney anymore and would like for the funds to be released. What do I need to file and can the funds be released to me or do they have to be released to the mortgage company. The main reason I believe they should be released to me is because the mortgage company is now bankrupted.
Submitted: 6 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You would need to file a motion in court to release the funds and in the motion you would have to show that there is nobody to send notice to from the mortgage company because they no longer are in business and ask the court to order the clerk to release the escrow.