Our Legal Process:
Each case can vary, but generally first we review the Final Judgment court documents and then review the foreclosure bid sheet and disbursement statements. This will allow us to confirm the total amount of funds being held and available for refund.
Determine Lienholders and Heirship
The second step will be to determine what other parties or entities will be making a claim for the surplus and to determine what the priority is for each claimant. In cases where the property owner is deceased, we and the attorneys have to prove heirship via probate or intestacy law.
Copies of Motion
Then your Motion must be properly filed with the Court and then having the Motion properly served on all parties and/or claimants. This will require the Motion be properly served either in person or by mail. A proper proof of service must be filed with the Court.
Prepare Your Motion
The next step for collecting your funds is to prepare a Motion for Disbursement with the Court. This Motion will request the Court to issue an Order to disburse the surplus funds.
Setting a Hearing
Your Hearing must be scheduled before the Judge who is assigned to your case. The Judge will Specially Set a Hearing to determine who is entitled to surplus funds.
The final step is to prepare the appropriate Order and have the Court execute the Order so that the funds can be disbursed and you receive the refund!
The next step is to attend a hearing before a Judge. At this hearing, we will argue on your behalf as to priority and your entitlement to surplus funds being held.