Legal Question in Real Estate Law in California
Hi,
I help people reclaim overbids from tax sales or foreclosure sales, I charge 15%-20% finders fee, however, most counties have enacted statutes to limit my fees to 5%. If the claimant agrees that $50 up front and fifty percent of whatever I ultimately collect is fair, is this legal? and which document should I use?
Thank you,
Craig Edwards
2 Answers from Attorneys
I don't understand what you mean by overbids.
When property is sold at a trustee's sale by way of nonjudicial foreclosure, the highest bidder acquires the property. The people who have been outbid by the highest bidder don't need to reclaim their money, as the trustee only accepts the highest bid pursuant to Civil Code section 2924h. In the event that the funds from the highest bidder are not available, then the trustee sends a notice of rescission for failure of consideration to the last and highest bidder. There is nothing to refund if there is a failure of consideration.
If there are proceeds remaining after payments of the underlying obligation and trustee's sale and costs of sale, then the trustee ssends written notice to all perople with recorded interests. It is then up to those people to file a claim with the trustee. (Civ. Code, sect. 2924j.)
I don't understand what it is that you are claiming to do.
Perhaps you mean bids in excess of the amount due the foreclosing lender, e.g., where a property sells to the high bidder for $275,000, but only $240,000 is owed to the foreclosing lender. I was unaware that counties were legislating in this area -- sounds like something the state should regulate, either as to fees that may be charged, licensing requirements, or both. LawGuru attorneys are not able to answer questions involving differing multi-county ordinances or rules. There are what, 86 counties in California? You'll have to research and observe the ordinances of each county, if indeed they have any.