mortgage and tax lien foreclosures overages.

mortgage and tax lien foreclosures overages.

Broker / Investor · Tewksbury, MA · Member since 2008 · 1k+ posts · 351 votes

Does anyone know what happens to the money that comes from the difference between the balance on the lien being foreclosed and the highest bid at the auction? Is that money given to the homeowner? If so how do they redeem it? It seems like many cities and banks would have a hard time finding a forwarding address for this money since they just foreclosed on the home of the person entitled to it and that person has likely already abandoned the property. 

If the lien holder does not send the owner the money are they allowed to keep it?

Thanks

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Chapel Hill, NC · Member since 2015 · 34 posts · 25 votes
6y

In NC, I believe it goes into unclaimed property with state treasury 
https://www.nccash.com/

"§ 45-21.31. Disposition of proceeds of sale; payment of surplus to clerk

(b) Any surplus remaining after the application of the proceeds of the sale as set out
in subsection (a) shall be paid to the person or persons entitled thereto, if the person who
made the sale knows who is entitled thereto. Otherwise, the surplus shall be paid to the
clerk of the superior court of the county where the sale was had -
(1) In all cases when the owner of the property sold is dead and there is no
qualified and acting personal representative of his estate, and
(2) In all cases when he is unable to locate the persons entitled thereto, and
(3) In all cases when the mortgagee, trustee or vendor is, for any cause, in
doubt as to who is entitled to such surplus money, and
(4) In all cases when adverse claims thereto are asserted"

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  • Chapel Hill, NC · Member since 2015 · 34 posts · 25 votes
    6y

    State specific statutes stipulate how to handle surplus. For example in NC,  it is  N.C.G.S. 1-339.71

    https://robanglelaw.com/foreclosures-what-happens-to-the-surplus-funds



  • Broker / Investor · Tewksbury, MA · Member since 2008 · 1k+ posts · 351 votes
    6y

    Thanks Sriv nava. Do you know what happens if the owner never petitions the court of these funds? What would happen to them?

  • Chapel Hill, NC · Member since 2015 · 34 posts · 25 votes
    6y

    In NC, I believe it goes into unclaimed property with state treasury 
    https://www.nccash.com/

    "§ 45-21.31. Disposition of proceeds of sale; payment of surplus to clerk

    (b) Any surplus remaining after the application of the proceeds of the sale as set out
    in subsection (a) shall be paid to the person or persons entitled thereto, if the person who
    made the sale knows who is entitled thereto. Otherwise, the surplus shall be paid to the
    clerk of the superior court of the county where the sale was had -
    (1) In all cases when the owner of the property sold is dead and there is no
    qualified and acting personal representative of his estate, and
    (2) In all cases when he is unable to locate the persons entitled thereto, and
    (3) In all cases when the mortgagee, trustee or vendor is, for any cause, in
    doubt as to who is entitled to such surplus money, and
    (4) In all cases when adverse claims thereto are asserted"

  • Broker / Investor · Tewksbury, MA · Member since 2008 · 1k+ posts · 351 votes
    6y

    Thanks Sriv

  • Real Estate Agent · Jacksonville, FL · Member since 2015 · 252 posts · 132 votes
    6y

    @Rich Hupper Our company has been doing this for over 6 years here in Florida.  Reach out via messenger if you have any questions.  Happy to help. 

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