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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 30167
Experience:  JA Mentor
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I have 2 questions a home that was foreclosed had a balance

Customer Question

I have 2 questions
a home that was foreclosed had a balance owed of 95,000 but sells for 110,000 2 mos later. Does the former owner have a right to the profit?
This home was foreclosed in Dec 2008 &. sold Jan 2009 in Illinois.

Is it too late to file for the refund from the banks foreclosure settlement.
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 4 years ago.

My name is Lucy and I'd be happy to answer your questions today.

When a bank sells a foreclosed property, and there is surplus after all liens and attorney's fees are paid, yes, the owner is legally entitled to those amounts. There is no law that would allow the bank to keep it. It is possible that the additional $15,000 was eaten up in interest, late fees, collection costs, and attorney's fees, although there may have still been some excess.

Unfortunately, the statute of limitations on a breach of contract action in Illinois, which is what this is, is only four years. If the property sold in January 2009, it would be too late to bring suit now. The only exception would be if there was no way she could have known about the excess monies earlier. If she didn't get any paperwork following the sale, that could buy her a little extra time. It'll come down to whether it would have been reasonable to ask for documentation, and when. With that said, she doesn't really have anything to lose by asking Chase for the excess and seeing if they can at least account for why they never provided it.

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