Readers ask: Who Does The Money Go To At A Sheriff Sale?

At the auction, members of the public may bid on the seized property, often sold in as-is condition. Sale proceeds pay back the mortgage lenders, banks, tax collectors, and other claimants. A sheriff’s sale may occur to satisfy a court order on a lienholder.

Who will receive excess funds if any at a foreclosure sale?

Generally, the foreclosed borrower is entitled to the extra money; but, if any junior liens were on the home, like a second mortgage or HELOC, or if a creditor recorded a judgment lien against the property, those parties get the first crack at the funds.

What happens to funds after a foreclosure?

Under California foreclosure law, any sale funds that exceed the balance of the loan, and the associated fees, must be returned to the prior owner.

What happens if a house doesn’t sell at sheriff’s sale?

When a lender-foreclosed home doesn’t sell at a sheriff’s auction it normally becomes a ‘real estate owned’ (REO) property. In cases of failed sheriff’s auction, foreclosing lenders may also try to auction their properties until they finally sell.

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What happens to down payment in foreclosure?

In Foreclosure, Equity Remains Yours if there is any to get But in every case, if you have not made a determined number of payments, the lender places your loan in default and can begin foreclosure. If you cannot get new financing or sell the home, the lender can sell the home at auction for whatever price they choose.

Do banks lose money on foreclosures?

Generally, banks lose more money on a short sale than on a foreclosure, but there are still times when a short sale is a better option. Sometimes the process of foreclosure is more expensive and involved than the bank wants to handle.

Who gets the surplus from a trustee’s sale?

After the Trustee’s Deed Upon Sale is recorded, the trustee is required by statute to notify the borrower that they have a right to claim these funds and if the borrower complies with the trustee’s requirements they disburse the surplus funds.

How do you get money from a surplus?

Contact the trustee. Once you have contacted your trustee, submit a claim form to the trustee and the court. If the surplus funds are unclaimed after 2-3 months, the court will receive the funds.

Do banks want to foreclose?

Since you now know that lenders don’t want to foreclose on your property — and you don’t want them to foreclose on you — you have common ground to work out an agreement that will stop the foreclosure process and satisfy both of your needs. Remember: The bank does not want to foreclose your property.

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How long does it take to get surplus funds?

Property Owner Claims that involve cash only may be processed in as little as 30 to 60 days. More complex claims, such as those filed by heirs, involving multiple owners, or involving businesses are generally processed within 180 days.

How does sheriff sale work?

A sheriff’s sale auctions off defaulted or repossessed properties at the end of the foreclosure process. At the auction, members of the public may bid on the seized property, often sold in as-is condition. Sale proceeds pay back the mortgage lenders, banks, tax collectors, and other claimants.

Will I owe money after foreclosure?

After foreclosure, you might still owe your bank some money (the deficiency), but the security (your house) is gone. So, the deficiency is now an unsecured debt. But the promissory note lives on, as does your obligation to repay any remaining debt.

What is the difference between a foreclosure and a sheriff sale?

At a foreclosure auction, a lender is selling a property it repossessed, whereas in a sheriff sale, the property was repossessed by a lender through court-ordered means. California operates a system of non-judicial foreclosure which means the lender does not need a court order to seize and sell your home.

Can the bank buy back my house?

The answer to this question is yes, you can give your house back to the bank to avoid foreclosure in a process known as deed in lieu of foreclosure. Before pursuing this option, first look into a short sale, loan modification, or simply selling the property.

What happens when a house is foreclosed by the bank?

Foreclosure means that your mortgage lender can legally repossess your house due to nonpayment. They can then sell your house to help repay the debt you owe on it. This is true whether you are behind on your first or second mortgage.

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Can you lose a paid off house?

Once your home’s mortgage is paid off you’re usually free of the most important lien on its title. In fact, it’s possible that your home’s title might have liens attached due to your legal debts, including medical bills and money you owe to contractors, known as a mechanic’s lien.

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