Legal Question in Real Estate Law in California

trying to recover money from the foreclosure sale of my condo

my condo was sold at auction due to foreclosure. I made 57,000.00 dollars on the sale. I finally got a notice from a law firm saying it will be another month before i get my money. Is there any legalities or time limits in which they need to relkease my funds. I want my money!!!!


Asked on 3/01/02, 6:42 am

2 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: trying to recover money from the foreclosure sale of my condo

I cannot find any statutory time frame, but it would need to be in a reasonable time. They would need to pay off the trustee's fees, the first loan and any junior loans, and any delinquent homeowners dues. Determining these amounts should not require more than 30-60 days. Any longer than that, they need to have someone talk to them for you.

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Answered on 3/01/02, 4:13 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: trying to recover money from the foreclosure sale of my condo

Civil Code section 2924 and its many subparts cover trustee's sales of real property and distribution of the proceeds. Remembering that you are the 'trustor,' look up these sections and in particular, 2924j and 2924k. The trustee (or the trustee's attorney) is required to give notice to junior lienholders, who then have certain rights to present their claims, etc.; I have not read these provisions in detail, but it looks as though there could legitimately be a waiting period of somewhere around 120 days following the trustee's sale before the trustee is able to pay the trustor any excess sale proceeds. Sorry about that, you might try insisting that the excess funds be kept in an interest-bearing account for your benefit.

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Answered on 3/01/02, 6:06 pm


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