Foreclosure Surplus funds?

Foreclosure Surplus funds?

Real Estate Investor 路 NY 路 Member since 2008 路 59 posts 路 9 votes

Hi everyone, I recently heard about a method some investors are using. It involves attending foreclosure auctions and identifying any properties that sell for a surplus over the mortgage, lien and junior liens. This amount is due back to the original homeowner, but many times they never know this money is theres and never receive it. The idea is to find these people and charge them a percentage of the surplus or an agreed amount. This sounds pretty interesting to me and was wondering if anyone has any experience in this.

Also, I went to the local county court house, to find out when the next auction was. I asked somebody and they told me to look at a sign and there were a couple of notices, but Is there a better way to find how much is owed on the mortgage and dates of auctions in a more organized fashion? Thanks for any help!!

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Real Estate Agent 路 Los Angeles, CA 路 Member since 2017 路 68 posts 路 54 votes
7y

My team works with Pre-foreclosures to help homeowners walk away with some of their equity or a share of the ARV in a Subject To, or a lease option to avoid foreclosure. The options we provide also help them with not having a negative public record on their credit reports, reducing their credit score, and preventing them from having to wait a minimum of 3 years to apply for a loan, even if they could qualify at that time with a low score. They get to walk away with some cash and make a fresh start. However, not all Pre-foreclosure homeowners see the help staring them in the face. They try to do Loan Mods only to find out they have to keep applying because the asset manager makes the approval process difficult so they get paid for every Loan Mod application. They try to do bankruptcy, but that only gives them 6-8 weeks of postponement and they can only do so many change of court dates before they are denied any further changes and have to go to court. By that time, they don't have the funds to pay the default and additional fees to reaffirm the mortgage to keep the home, so the property is seized.

Bottom line, many Pre-foreclosures in CA go to foreclosure because the owner is hoping for a hail-mary other than the one we give them.  We track all of the owners we speak with and for those that go to foreclosure, we review what it sold for to see if it sold for more than the default amount and additional fees.  If we see surplus funds of at least $20k, we reach out to tell them we can consult with them to get the surplus funds to them and we coordinate with the attorney to do so.  The attorney is the one paid the fee and we are paid from the attorney's fee.  Because we have the relationship with the owner, especially since they've met us and spoken with us on several occasions during the Pre-foreclosure, they are open to working with us.  Yes, there are hoops, and each state has specific laws and requirements, but it is a viable business if you do it with the intent to help those you have an established relationship with and you are not charging them some ridiculous fee.  

Disclaimer:  I am not providing any legal advice in this post.  

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  • Member since 2020 路 1 post 路 0 votes
    6y

    @Mikey Cas auction.com and you can always talk to the title agency and then work with the court to find any extra info

  • Los Angeles, CA 路 Member since 2017 路 2 posts 路 2 votes
    6y
    Originally posted by @Nick Fullmer:

    Surplus funds is a tough niche to get into and successfully implement.  I鈥檝e been fortunate enough to make a decent living with it thus far.  Much better than what I used to make as a corrections/probation officer.  You can see some of the deals I鈥檝e done on my website www.overagerefunds.com

    Is the overage business state specific. For instance if your business is location in CA will you have success in other counties or states?  

  • Rental Property Investor 路 Killeen, TX 路 Member since 2015 路 25 posts 路 5 votes
    6y

    @Brandon Floyd nick by far is the best I鈥檝e come across my overage business is largely based off his shared experience sign up for his course. I am not a paid advertising guy just a guy who caught wind of a easy to follow guy on YouTube

  • Las Vegas, NV 路 Member since 2014 路 284 posts 路 123 votes
    6y

    I've never done this as a business, but i know about surplus funds related to buying properties at auction. How these funds are managed is dictated by state law, so you will need to pull the laws and regulations related to surplus funds for whatever auction (deed of trust foreclosure, sheriff's sale, etc) the funds are related to. Some jurisdictions I operate in amended their laws a few years back because the law used to be vague on who was owed surplus funds after a sheriff's sale. In some cases, the homeowner could be paid the overage at an auction before junior lien holders, if they were first to claim the money.

    Like any other source of cash, there is of course an opportunity in connecting people who are owed these funds with the methods required to collect them. However, most properties go to auction for lack of equity, so it's rare to have a pool of funds that exceed the amount of the debt. Maybe 25% of properties will have an overage that exceeds the first lien. Then, there need to be no other debtors in line to collect the overage (or the laws have to support the former homeowner collecting before the junior debtor...maybe still on the books in some places but far rarer after the GFC). Then presumably you will only get a piece of the action, since you require the person who is owed the overage to agree to let you collect.

    Ultimately, it's a lot of work for probably not that much money. In rare cases these funds may exceed $50k. In most cases, the total pool of money is probably between $1k-20k. It will take going through hundreds of auctions to find maybe 5-10% what have any surplusage at all. My guess is there are some sweet spots in various jurisdictions for this, but it wouldn't be my first choice for getting into a new business.

  • Investor 路 Los Angeles, CA 路 Member since 2012 路 1k+ posts 路 500 votes
    6y

    There's easier ways to identify potential surplus funds cases than physically attending auctions. You can pull data from homes that were foreclosed on from  public records and identify which ones likely have excess funds. These people get quite a bit of mail from law offices and other company's ( at least in Los Angeles ). It's a low work load for a larger paycheck at times. Takes directed effort and marketing though to find leads in this niche. 

  • Investor 路 Hamilton, VA 路 Member since 2017 路 14 posts 路 10 votes
    5y

    Usually these people who arent getting the funds (at least in trustee sale states like where i am)its because this attorney couldnt find the person. And he does this for a living. So not to say you cant find them but it certainly isnt easy so just keep inmind you will have to become a good detective. 

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