Featured Articles & Resources Learn More! Surplus Funds Claims Claiming...
Read MoreSurplus Funds, also referred to as “excess funds,” or “overages,” is a term used to refer to any surplus (leftover) money that results from a foreclosure property auction when the winning bid exceeds the amount the lender requires to satisfy their lien. In other words, if the winning bid for the property is for more than what was owed at the time of foreclosure – the foreclosed-on owner may be entitled to the additional surplus amount after the lien has been paid off.
This ‘surplus’ money results from the sale of a foreclosed home if the winning bid exceeds the amount owed on the lien or property’s debt.
In order to claim these surplus funds, one has to file a Petition for Surplus Funds, explaining (aka proving) to the court how and why you are legally entitled to claim the funds.
There are typically no published or standardized claim forms for this particular type of funds claim.
Generally speaking, in order to file a claim for the funds, the claimant (presumably you) will need to engage an experienced attorney to assist in the drafting of a detailed petition laying out the facts and findings of the claim to file and present to the court, as well as, appear in court to represent you as the claimant in a ‘Special Proceedings Hearing’ (a type of court case) held by the Clerk of Court in the county where the funds are held.
The costs associated with claiming surplus funds to which you may be entitled generally includes (but is not limited to)-
A FILING FEE:
Typically, the filing fee is ~$120.00
(but may differ between counties)
THE ATTORNEY FEES:
the attorney fees for the lawyer representing you, often on a contingency basis
THE COST OF ‘SERVICE’:
the cost of service is the associated costs to notify any other legally ‘interested parties’ who may have a claim or dispute regarding these funds. This is done by the Sheriff’s office.
A LIMITED TITLE SEARCH:
a limited title search of your property to ensure that there are no other outstanding claims to be paid (generally between $150-250)
Counties all across the state of North Carolina have recently started sending letters to notify claimants of their claim to these surplus funds, even as far back as 2 (or more) years ago! So, if you have received a letter that you may have a claim to Surplus Funds, you should contact an attorney experienced with the process so that they can discuss the process of claiming the money being held by the State or County.
If you’re looking for information on claiming surplus funds, you’re in the right place! Grab your copy of our FREE guide on claiming surplus funds (also referred to as excess funds) today!
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