QUESTION
Can I claim surplus funds from auction sale of home on foreclosure?
Asked on Jun 14th, 2014 on Foreclosures - Florida
More details to this question:
I declared bankruptcy and received a chapter 7 discharge. The debt of the mortgage was included in the bankruptcy. The house is in foreclosure. The HOA sued me for maintenance fees. They put a lien on the property. They auction the house and they sold it. I received a letter from the county court stating that there was a surplus of funds after the sale. Am I entitled to those funds or is it the bank?
2 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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More facts and a review of the actual documents is necessary here, but normally you would be entitled to any surplus in a mortgage foreclosure sale.
Answered on Jun 18th, 2014 at 8:29 PM
Erik Brito Espinosa
Senior lien holders may make a claim, however you may file a claim for the funds and after a hearing the judge will determine to whom the funds are owed. You may want to contact an attorney to assist you to recover funds which may be available to you if you are not familiar or comfortable with the process.
Answered on Jun 18th, 2014 at 8:29 PM