Where does the excess money go after an auction?

Where does the excess money go after an auction?

Bellflower, CA · Member since 2016 · 4 posts · 0 votes

Hello, I am a starting my journey in real estate and learning whatever I can about the business. 

I went to a couple of auctions around my neighborhood and was curious about one thing. 

Where does the excess money go after an auction? I asked the people working at the auction site and they said it goes to the family that previously lived in the home. I asked a couple of investors as to how does the money get delivered to the family or previous owner(s), they said a lawyer tries to call them.

So my real question is how to find this lawyer or the person responsible to give the money to the previous owner.

Any answers to the topic is greatly appreciated, thank you.

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Paradise, CA · Member since 2015 · 1k+ posts · 871 votes
8y
Originally posted by @Mark Fries:
it goes back to the mortgage company, then if there is anything left, the owner can hire an attorney and fight for the scrapes...and its a long and expensive process just to get the scrapes...

 ...someone needs to quit posting while taking Ambien.

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  • Tom GimerBusiness Member
    DMV · Member since 2017 · 3k+ posts · 3k+ votes
    8y

    You are going to need to research the handling of a surplus in a foreclosure proceeding. Different rules apply from state to state. Generally speaking, since the prior owner is a party to the foreclosure action, they will be receiving notices... including the results of the auction sale and an accounting. If there is a surplus they may need to make a claim for those funds in the suit.

    The lawyer to contact would be the one representing the foreclosing lienholder.

    Gimer Law516 Reviews
  • Deland, FL · Member since 2017 · 2k+ posts · 1k+ votes
    8y
    Originally posted by @Eian Siddiqui:

    Hello, I am a starting my journey in real estate and learning whatever I can about the business. 

    I went to a couple of auctions around my neighborhood and was curious about one thing. 

    Where does the excess money go after an auction? I asked the people working at the auction site and they said it goes to the family that previously lived in the home. I asked a couple of investors as to how does the money get delivered to the family or previous owner(s), they said a lawyer tries to call them.

    So my real question is how to find this lawyer or the person responsible to give the money to the previous owner.

    Any answers to the topic is greatly appreciated, thank you.

    I’m curious why you want to find this out?

    To answer your question in the counties I have looked at it shows the procedure of each forclosure and when of the defendent answers the complaint it some times shows the Atty   Some times it does not  

  • Contractor · Jacksonville, FL · Member since 2017 · 1k+ posts · 2k+ votes
    8y
    it goes back to the mortgage company, then if there is anything left, the owner can hire an attorney and fight for the scrapes...and its a long and expensive process just to get the scrapes...
  • Deland, FL · Member since 2017 · 2k+ posts · 1k+ votes
    8y
    Originally posted by @Mark Fries:
    it goes back to the mortgage company, then if there is anything left, the owner can hire an attorney and fight for the scrapes...and its a long and expensive process just to get the scrapes...

    The  OP is talking about the excess funds  from the auction after Attys taxes and mortgage company are all paid

    The remains simply go to the mortgagor 

    As to scraps it depends how far behind the mortgagor got, if the property appreciated or not, how much of a down payment the mortgagor put down etc 

    Having foreclosed on a buyer in FL myself this is not what I know to be true

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    8y
    I guess we need to know why you are asking the question. Surplus funds get distributed as per law depending upon which lien holder foreclosed, etc. But assuming only one lender, any surplus goes to the owner, there’s no fighting anyone for it (the bank can’t even touch it) just a mandated procedure.
  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    8y

    on the west coast in trustee sale states it very straight forward.. the winning bid amount goes to the trustee company.

    they then pay the bank their credit bid.

    if there is junior liens those funds are sent to those lenders or judgement creditors.. if they cant be found many times they are held for an amount of time then interpleaded.. just like a title company does with EM thats never collected or fought over.

    In Washington State you do need to make a claim with the court.. Oregon the trustee will simply mail the next in line checks.  

    if no junior leins it goes to who ever owned the house..  If they cant be found then it goes to the state surplus fund.. which you can check on line if you have anything due there.. its amazing whats due there.. I have found monies owed me that i did not realize .... mainly excess excrow funds that for some reason never made it to my mail box and were sent to the state surplus fund.

    each state is unique..

  • Paradise, CA · Member since 2015 · 1k+ posts · 871 votes
    8y
    Originally posted by @Mark Fries:
    it goes back to the mortgage company, then if there is anything left, the owner can hire an attorney and fight for the scrapes...and its a long and expensive process just to get the scrapes...

     ...someone needs to quit posting while taking Ambien.

  • Bellflower, CA · Member since 2016 · 4 posts · 0 votes
    8y

    I was just curious of the process.

    Thank you all for posting and helping me better understand the post auction process. 

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