Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I need to put a claim in for surplus funds deposited in the…

Customer Question
I need to put...

I need to put a claim in for surplus funds deposited in the court

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Ca

Lawyer's Assistant: Has any paperwork been filed?

Yes the rejected it all i need is to show i have interest in the money

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have a court date of today 1:30. Need to get something in

Submitted: 11 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
9/14/2017
Real Estate Lawyer: Ray, Lawyer replied 11 months ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,870
Experience: Texas Attorney for 30 years dealing in real estate
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Ray, Lawyer replied 11 months ago

Here is step by step and the motion you need to file.This should allow you to claim surplus funds from a foreclosure sale.Make sure you follow them closely and file your motion again.You have rights here to the surplus under California law.

https://saclaw.org/wp-content/uploads/sbs-surplus-funds.pdf

I appreciate the chance to help you today.Thanks.

If you can positive rate 5 stars it is much appreciated.

Ask Your Own Real Estate Law Question
Customer reply replied 11 months ago
The trustee has deposited the funds in the court. I was the one who requested that. They have dismissed themselves
Real Estate Lawyer: Ray, Lawyer replied 11 months ago

So here file your motion the funds aren't going anywhere, they paid them in and dropped out.The court will hold this until you can have the motion heard here.You will be fine and the court should release them to you.

Ask Your Own Real Estate Law Question
Customer reply replied 11 months ago
I already had the info I received. I pulled it up on the internet. After that I was told by everyone I needed to get a lawyer. Wording and lay out on 28 line paper is the secret answer that I had to get. Them it could be filed without being rejected. The answer I got as I was standing 10 min before my court hearing was the paperwork I began this nightmare. I couldn't believe in a time of do or die. I gave my credit card to you to get a straight answer. I filed and went to my hearing. I got exactly what they have been trying to do for over*****have my still husband father of my three girls. Who are now Homeless due to a violent man who is a dead beat dad went to jail for domestic violence cracked my breast bone. But hospital didn't do an xray until after he was out of jail. He has robbed me of my life. Two years ago I was told I should write a book. The house that was gifted to me and husband by my father so I could be a stay at home mom is gone although the vacation home he insisted on buying was free and clear. Bought from equity from gifted house. But he did what he wanted and you better not get in his way.verbal abussed. And then manipulated the system. I cared for my dad in diapers because we promied we would never put him in a home. We I did it almost ready to walk again when he was diagnosed with pancreatitis cancer. Both income jobs lost due to death and domestic violence. He has forged my name on federal and state documents cashed out on all pension 401k ECT. Now I have to pay you because I was in a desperate situation. I don't have the mean to pay thought I would when i walk out of the court. Well I got half of the money I dumped back into the house to keep my family taken care of. He bought a boat and tralier. My girls and the animals went in separate direction. Not by choice. I thought this was it. Callling you only put me back to the beginning. I ask you to please not charge my accout
.and my story
Real Estate Lawyer: Ray, Lawyer replied 11 months ago

Good luck here, no problem.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,870
48,870 Satisfied Customers
Experience: Texas Attorney for 30 years dealing in real estate

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

48,870 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
Quiet Title Advice if two defendants in a Quiet Title Suit
Quiet Title AdviceHi, if two defendants in a Quiet Title Suit will be getting their interest satisfied but not until after a Quiet Title Final Judgment in favor of the Plaintiff, will their interest s… read more
Michael Gonzalez
Michael Gonzalez
JD
585 satisfied customers
I need help filling out a surplus proceeds claim form.
I need help filling out a surplus proceeds claim form … read more
Ray
Ray
Lawyer
Doctoral Degree
48,870 satisfied customers
We have a house for sales in Florida under Florida probate.
We have a house for sales in Florida under Florida probate. One of the two owners is missing in action. He may have been arrested for some reason or may be on the streets in California again. Regardle… read more
LegalGems
LegalGems
Juris Doctorate
12,814 satisfied customers
My home was sold at a foreclosure auction on Mon 7/13/16
My home was sold at a foreclosure auction on Mon 7/13/16 here in CA. The payoff amount given by the mortgage company was $141,696.48 and the (cash) buyer paid $177,300.00. I was told by the buyer and … read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
Claiming surplus funds from CA Trustee Sale 2 years later...
Is it possible to file a claim for surplus funds after a California trustee sale of real property even after the funds were already deposited with the San Bernardino Court's clerk? Trustor got notice … read more
Maverick
Maverick
Doctoral Degree
6,336 satisfied customers
A property is in foreclosure.On 7/20/2014 the property
A property is in foreclosure. On 7/20/2014 the property gets fire damage. The defendant is the beneficiary. On 7/21/2014 court gives judgment on strict foreclosure with law date of 10/21/2014. The ins… read more
Ray
Ray
Lawyer
Doctoral Degree
48,870 satisfied customers
A little background: There are 2 cases outstanding involving
A little background: There are 2 cases outstanding involving the same property: 1) HOA Foreclosure Sale/Auction and 2) Mortgage Foreclosure Sale / Auction. The HOA Foreclosure Auction just happened on… read more
Ray
Ray
Lawyer
Doctoral Degree
48,870 satisfied customers
Is there still a way to claim the excess proceeds of a sale
Is there still a way to claim the excess proceeds of a sale once it's been ordered transferred from the Court trust account to the County Treasurer pursuant to 2924j(c) and (d) May 2013. I called the … read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
Will you please read this "Notice of Surplus Funds" I have
Will you please read this "Notice of Surplus Funds" I have received and inform me if I will be liable for any debts of my mother that has passed if I sign it.… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
I am the ex-owner of a property which got forclosed back in
I am the ex-owner of a property which got forclosed back in July. Since then, the trustee had filed a petiton and declaration regarding unresolved claims and deposit of undistributed surplus proceeds … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,462 satisfied customers
I need to make a claim for surplus funds that came from the
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 trus… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
Surplus funds are owed to me in regards XXXXX XXXXX contested foreclosure
Surplus funds are owed to me in regards XXXXX XXXXX contested foreclosure sale of my property in the amount of about $82,000. As part of a preliminary injunction granted by the Court (CA) against the … read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
I lost my house at a trustee sale. The house sold for $20,000
I lost my house at a trustee sale. The house sold for $20,000 over the loan how di I get the overpaymentfrom the bank or trustee.… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
my house was foreclosed upon by the lender at the county courthouse
my house was foreclosed upon by the lender at the county courthouse by Wells Fargo. I owed 150,000 and it sold for 200,000. Do I get the difference (50,000)or does the bank keep the difference?… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
What is the time period allowed for a property owner to claim
What is the time period allowed for a property owner to claim excess funds from the county or state after a mortgage forclosure or a tax sale in the states of Arzona and Florida.… read more
JaxLaw
JaxLaw
Associate Attorney
Doctoral Degree
1,722 satisfied customers
I have a promissory note that was secured with a second deed
I have a promissory note that was secured with a second deed of trust. The holder of the first deed of trust foreclosed on the property and it was sold on the court house steps for more than was owed.… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,946 satisfied customers
My Florida homestead was foreclosed & sold for an amount that
My Florida homestead was foreclosed & sold for an amount that exceeded the debt & expenses of foreclosure. The first mortgage was paid 9/30/10 from sales proceeds. I had a home equity mortgage also en… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
My house was sold at a trustee auction sale last month and
My house was sold at a trustee auction sale last month and there was a gross overbid of 300K, the house was originally purchased through a BMR program in Cupertino, CA for 100K. Does the city of Cuper… read more
Maverick
Maverick
Doctoral Degree
6,336 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x