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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11568
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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I need to make a claim for surplus funds that came from the

Resolved Question:

I need to make a claim for surplus funds that came from the proceeds of a Trustee sale, where the first mortgage was paid and where I am the second mortgage holder that has not yet been paid. The trustee could not find me because I was not in USA, did an exhaustive search which is part of the court records, and now has deposited the undistributed surplus funds with the Superior Court of California Santa Monica Courthouse. The notification I just got says I have 30 days from April 16, 2013 to file a claim for funds with the court. How do I make this filing of this claim for surplus funds with the court and what do I file? I have the original note, a copy of the deed of trust that was properly recorded, my identification, and I prepared sworn statement of claim which I will have notarized showing the original loan amount, the interest from inception until the trustee sale and the total amount I am still owed.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 1 year ago.

Hello and Welcome to JustAnswer, My name is XXXXX XXXXX my goal is to provided you with Excellent Service,

 

 

1. Who sent you the notification that you had 30 days to claim the excess funds?

2. Did the notification have a case number XXXXX it ?

I might need to ask you a couple more questions, depending on your reply. I apologize for the questions, but I need the information in order to give you a more accurate Answer,

Thank you,

 

Customer: replied 1 year ago.

the notification came from the trustee and was mailed to all those making claims. Since i have the priority claim as being filed first (as the second) over the other ones that can later, when they could not find me they looked since last August, then they are now petitioning to give the surplus money to the court and be discharged from responisibility of the surplus funds. It states on the petition that any claim must be submitted to the court within the 30 days now running from April 16 up to May 15 so I have only a few days to put in my claim before my lien disappears and they pay the others instead of me. I barely caught this in time. There is the name of the case which is the property address that was sold , no case number

Expert:  Andrea, Esq. replied 1 year ago.

Thank you, XXXXX XXXXX your additional information.

 

If the Trustee has filed a Petition with the Court, then there should be a case number XXXXX nothing can be filed with the Court, or presented to the Court, including Petitions, which requests the Court to do X, Y, or Z, and in this instance is asking the Judge to enter an Order allowing the Trustee to distribute these funds unless it has a Court case number.

 

1. How does the case caption read ? Something like, "In the matter of , etc." ? Please write it out for me

 

2. Does the caption have the name of the Trustee as "Plaintiff", "Petitioner", or what other designation does the Trustee have ?

 

Thank you,

 

 

 

Customer: replied 1 year ago.

IN RE:


XXXXX LOS ANGELES, CALIFORNIA 90230

 


Case No.: ____________________________


 


PETITIONER'S APPLICATION FOR ORDER TO DEPOSIT UNDISTRIBUTED SURPLUS PROCEEDS OF TRUSTEE'S SALE AND AN ORDER DISCHARGING PETITIONER FROM FURTHER RESPONSIBILITY; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF


 


[Concurrently filed herewith Petition and Declaration Regarding Unresolved Claims and Proposed Order]


 


[NO HEARING REQUIRED]


 


Civil Code Section 2924j(c)


 


COME NOW, Petitioner California Recoveyance Company by and through its counsel of record, Jana Loga of Kirby & McGuinn, who submits this application seeking an order to allow the Clerk of this Court to deposit undistributed surplus proceeds of a trustee's sale with the County Treasurer ....


 


THE LIENS AND CLAIMS


On or about August 19, 2003 R.V. (a single man) executed a deed of trust in the amount of $20,0000.00 in favor of Willy Vision (that's me!) and recorded on Dec 10, 2003 with the County Recorder ..... CRC made an extensive search for Willy Vision as evidenced by the investigation report attached ..... (I was two years in Mexico doing charity work that is why they could not locate me)


 


 

Expert:  Andrea, Esq. replied 1 year ago.

Thank you again, Willy, for your prompt response with the additional information I requested.

 

If you look at the sixth (6th) line with the phrase in parenthesis "[Concurrently filed herewith Petition and Declaration Regarding Unresolved Claims and Proposed Order]

 

I have underline part of it to draw your attention to the fact that the Trustee states that a Petition has been filed concurrently with his Application.

 

If I were in your position, I would do two things immediately to protect the $20,000 plus all the interest which has accrued:

 

1. File an Answer to the Petition and attach copies (keep the originals) of the Note, Deed of Trust, and all supporting documentation you have and state that you oppose distribution of the balance of the proceeds until the Trustee pays you the amount necessary to satisfy your lien. Take several copies of your Answer to the Court Clerk's Office and inform them you want to file your Answer but there is no Court number as a reference and that it is imperative that it is filed with the Trustee's Application so that the Judge sees and schedules a hearing (since it states that no hearing is necessary) so that you can present your claim;

 

2. Call the law firm representing the Trustee and then confirm the call in writing. Ask them if they have prepared any special forms for a claimant to fill out so that you can claim your right to be paid. Include in your letter, a copy of the Note, Deed of Trust, and any other documentation the lawyer might want or request. Arrange to meet with the lawyer tomorrow, if possible. I am sure you understand why you must work quickly and since no hearing is scheduled, you should meet with him as soon as possible before May 15, 2013.

 

 

Please be kind enough to rate my service to you as "Excellent Service",

Bonus and Positive Feedback are greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,



ANDREA

Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11568
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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