Legal Question in Real Estate Law in California
If my house went in rofeclosure and the bank sold it for more then I owe do I get that money??
3 Answers from Attorneys
Yes, you would be in line to receive any surplus proceeds after pay-off of all recorded liens plus the costs of the foreclosure. However, note that the amount that will be deducted before you get anything will include interest, penalties, fees and costs, which can add up to quite a lot.
You only receive the excess of the amount owed if the property is sold to a third person at the trustee sale (auction). If the property goes back to the lender because no one bid on the property at the sale, and then they sell it for more than is owed, you are out of luck. The profit is theirs.
Both answers are right depending on how it was sold for more than you owe. If it sold for more than you owed at the foreclosure auction, you are last in line for payment behind everyone with a lien or claim and all fees and expenses, but if there's money left it's yours. If the bank took it on what is called a "credit bid" meaning they offered a credit of your loan balance for the property, then it sold for zero over what you owed. If the bank then was able to resell it for more that money is theirs.
Related Questions & Answers
-
How can an unrecorded note on a property be forced to be paid? Asked 5/04/10, 11:24 am in United States California Real Estate and Real Property