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Question

There was an excess of funds after the mortagage company sold my house at auction.It was a forcloseur. There is a hearing set to deceide what to do with the excess funds. Do you know if I am entitled to these excess funds?

Submitted: 849 days and 6 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

Optional Information:
South Carolina

Already Tried:
I don't have a lawyer and I haven't had any legal advise.

Posted by Walter 849 days and 5 hours ago.

Answer

Hi,

If the property sells to an outside third party bidder, funds owed to the lender/beneficiary will paid .If The sale nets more money than the amount owed to the first mortgagee. This excess is called a "surplus." Surplus remaining after a foreclosure sale should be paid to the junior lien holders in accordance with the priority of their liens on the property and that only after the liens have been satisfied may any surplus be disbursed to the owner of the equity of redemption.

To claim any foreclosure auction overbid in NC the claimant must file a notarized affidavit requesting the overbid from the foreclosing trustee. You will need to call the foreclosing trustee and ask them for their affidavit form to fill out.

Walter

849 days and 5 hours ago.

Reply

Are the laws the same in S.C.? There wasn't any liens on the property and the mortgagee company was paid in full by insurance for the home equity line.Last respons. Thanks

Accepted Answer

Hi,

Yes the law is the same for SC as for NC. Any funds netted over what is owed can be claimed by yourself.

Walter

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Expert: Walter
Pos. Feedback: 99.7 %
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Answered: 7/26/2007

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