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Recovering Foreclosure Funds – How to Claim Surplus Funds

February 27, 2025 by Chuck Panzarella

Do you need help claiming Surplus Funds?

We can help you recover surplus funds if this happens to you:

  • Your home was sold in foreclosure for more than what you owed the lender
  • You had equity in your home before it was sold by the lender
  • You received a letter from the foreclosure trustee notifying you about surplus funds

Many people think that foreclosure is the end of a lost battle and they don’t know what happens after foreclosure. If you are someone who lost your home due to foreclosure, then you might still have a chance to get something back from your old home.

If your home was sold at a foreclosure auction with equity remaining, you are entitled to a check for money that is leftover from the sale of the house. That amount is known as mortgage foreclosure surplus funds. The surplus funds are what the previous homeowners can claim after the house is auctioned and paid for by the winning bidder.

We Help Homeowners Claim Surplus Fund

(818) 254-8413

The Consultation is Free!

Call Our Surplus Funds Attorneys If You Want to:

  • Recover the lost equity in your home, before it was sold by the lender
  • Recover your funds from the foreclosure trustee by filing a legal claim
  • File a legal claim for wrongful foreclosure if your lender violated foreclosure laws

Recovering Foreclosure Funds - How to Claim Surplus Funds

What are Surplus Funds?

In a foreclosure sale, a surplus fund is a difference between the equity of the home and the amount the house was sold for. For example, if the house was sold for $200,000 and you still owed $180,000, you would be entitled to the remaining $20,000. There may be other numbers that are involved that will be subtracted. If there is a surplus that results from a foreclosure sale, you are entitled to the surplus money.

However, the right parties may not always notify you of the news and keep the money. In other cases, it may be confusing to know exactly what to do to claim your excess funds. You can learn more about how much surplus you may be owed by contacting us by submitting a contact form or calling our office. The consultation is free.

What Happens After Foreclosure

Foreclosure can be a frustrating experience but the excess funds that you can get from the sale can help ease your burden and can be used to pay for your rent or as a down payment for a new home. The amount that you can get from mortgage surplus funds depends on how much was owed to the lender and the selling price of the house.

Surplus funds are calculated by subtracting the outstanding mortgage balances from the sale price paid by the bidder, including any/all fees and penalties incurred by the property. In other words, surplus funds are the difference between the selling price and the outstanding balance.

In California, the law states that any excess funds go to the most recent owner of the foreclosed property. If there is another party that lays claim to the property such as in the case of a second mortgage, then the surplus funds will be used to pay off the debt, and the amount left can be claimed once secured liens are paid off.

If you need help in getting back the surplus funds from your foreclosed property, you should consult with a professional law firm experienced in recovering excess funds from foreclosed properties.

Our Surplus Fund Attorneys Can Help!

(818) 254-8413

How To Claim Surplus Funds From Foreclosure

If you are wondering how to claim surplus funds from foreclosure, these are the steps to follow:

  1. Provide proof of prior ownership. This is done by proving you are on title, which can be found by doing a title search.
  2. Provide verification of funds. This is done by looking at the foreclosure records and subtracting the loans/liens paid the prior owner will receive the leftover amount.
  3. Contact the trustee.
  4. Once you have contacted your trustee, submit a claim form to the trustee and the court. If the surplus funds are unclaimed after 2-3 months, the court will receive the funds.
  5. Once all the information is provided you will go through the process of hearings/motions with the court and claim your funds.

Recover Surplus Fund Attorneys – Free Case Evaluation

Consumer Action Law Group has helped many victims of foreclosure to recover their surplus funds and sometimes in rare cases, we helped clients get their homes back after an illegal foreclosure. Our law firm will navigate the process and deal with the courts and the trustee without charging you any fees upfront.

Call us and talk to one of our experienced foreclosure surplus funds attorneys for free to start your surplus fund claim right away; delay can be very costly. We will contact the trustee for you and handle all the complicated paperwork to get your money back. We know that our clients have already been through a tough battle, but the good news is there is hope and you can recover your surplus funds. You are entitled to the excess proceeds and we can help you get them back. Call us today for a free consultation with an attorney.

Claim Your Surplus Fund Today!

(818) 254-8413

Filed Under: Blog, CALG, Surplus Funds After Foreclosure Tagged With: mortgage surplus fund, surplus funds, what happens after foreclosure

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