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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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How do I receive the Re Deposit of undistributed surplus of

Customer Question

how do I receive the Re Deposit of undistributed surplus of my forclosed home?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
Was this a judicial (court ordered) or non-judicial (trustee) foreclosure?If it was a judicial foreclosure - the sale proceeds will be distributed via court order.If it was a trustee foreclosure - you should be receiving the proceeds shortly, it can take 1-2 months depending on the trustee, and the complications associated with your foreclosure (the trustee must ensure that all creditors are paid, the sale costs are properly calculated, etc. prior to making any distributions, including your surplus distribution).If the trustee fails to make a proper distribution, you can file a complaint in civil court against the trustee and against the mortgage holder (the creditor that foreclosed on you) for failure to execute the trustee's duties.I would recommend following up via letter to the trustee though and ask for a status report, there is nothing wrong with asking what is going on, and it will ensure that you don't get lost in the paper shuffle (most errors are innocent mistakes, but it still takes a lot of your time to straighten them out).If you don't understand the correspondence you are receiving, I would recommend contacting a civil litigation attorney (you may need to contact a couple) and arrange for a consultation to go over your documents (they may charge you a small fee, but a short consultation to get a better idea of what is going on is probably going to be well worth the money).You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

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