QUESTION

Excess funds after a foreclosure sale

Asked on Mar 29th, 2020 on Real Estate - Ohio
More details to this question:
I got a letter from the county claiming I am due money from the foreclosure sale of my home. If I claim and spend the money, can a creditor sue me and demand it be paid back?
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1 ANSWER

Family Law Attorney serving South Euclid, OH at N.P. Weiss Law
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Typically a creditor can't "claw back" spent funds and is limited to collecting whatever the debtor has once they've successfully sued them. The only exception to this is any kind of fraudulent transfer in which a debtor spends funds or transfers funds with the express intention of avoiding creditors. Unless you are spending it for the express purpose of avoiding it being garnished, you should be fine in spending the money however you feel like.
Answered on Apr 13th, 2020 at 6:27 AM

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