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How did you find me and why?
Our mission is to capture, fortify, and grow wealth for We The People. It is our job to identify and track those going through foreclosure and help them capture wealth that was lost; by performing audits of private and government agencies documents and files to discover unclaimed funds that are owed to the People, such as you.
What are foreclosure excess / surplus funds?
Foreclosure will undoubtedly happen in the event a homeowner is not able to keep up with mortgage payments or pay the back taxes owed on their property. When this happens, homeowners can lose their homes in what is called a tax sale, sheriff’s sale, or a mortgage foreclosure sale, which is a public auction where foreclosed properties are sold to the highest bidder in order to pay off the debt. Sometimes a foreclosure sale generates more money than required to pay off the debt. When a foreclosed property is sold at auction for more than what is owed on a mortgage or property taxes, the extra money left over is referred to as surplus funds, excess funds, tax sale overages, or excess proceeds.
Who can claim excess proceeds from a foreclosure?
Any overage funds from a tax or mortgage foreclosure sale are subject to priority claims. This means that those persons / parties with a superior right may recover the funds. Excess funds may be claimed by the person who owned the property at the time of the foreclosure sale, the owner of each security deed that affects the property, or any other party that has a lien or recorded equity interest in the property at the time of the sale. The lender or the county cannot legally keep any money exceeding what was owed to them unless the overage funds remain unclaimed for a certain amount of time.
How much time do I have to claim a tax surplus or mortgage surplus?
Depending on the laws of the state, the previous property owner has anywhere from a few months to a few years to claim a tax deed surplus or mortgage surplus funds. However, if the money remains unclaimed for too long, the funds become the property of the county or the lender. In Georgia, claimants have up to 5 years after a tax sale to claim overages before the funds are paid to the state.
How long does overage recovery take?
Overage recovery claims are typically resolved in 90-120 days, however certain claims have been completed within 30 days and more complicated claims may take longer than 120 days.
How do I claim surplus funds from a foreclosure?
To claim surplus funds, you must follow strict court rules outlined by the state and submit claim forms before the deadlines in order to avoid losing your right to claim the funds.
What are tax sale claims?
To recover surplus funds from a tax sale, you will typically be required to submit an excess funds claim form to the county or the trustee and provide proof that you were the previous owner of the property. Some counties also require a title search to be done before disbursing funds. In some circumstances, the county will choose to interplead any claim they receive, which will require you to appear in court.
What are mortgage foreclosure claims?
To claim mortgage overages, there is no standard set of forms to fill out, however most trustees require, at minimum, a lien check and hold harmless agreement. Sometimes, claiming funds on your own can be complicated if you are not familiar with the process of finding, reviewing, and releasing existing liens. Improperly filling out forms can delay the process and missing the filing deadline can even cause you to lose your right to claim your funds.
In what areas do you serve for foreclosure funds recovery?
Our home base is the State of Georgia. However, we work and serve all across the United States.
Does Arx Associates charge a fee to file the claim?
There are NO upfront fees. We will bear all costs including court fees, probate fees and attorney’s fees associated with filing a claim and collecting funds. We are paid a small contingent fee out of the funds collected. Our clients always receive the majority of funds available. If no funds are recovered. Clients owe nothing for our services.
Who is my attorney?
Your Attorney is likely Arx Law Group LLC, the legal branch of Arx Associates. The Attorney assigned to you will personally represent you through the foreclosure process and execute your claim with our team. Contact us for your Attorney’s specific details. Attorneys are available by appointment only, please schedule a consultation.
How much money will I get?
Our job is to verify and claim any available funds. We will not be able to tell you how much you will get until the claim is filed. We typically can get an estimated amount of funds owed within the first 30-60 days of filing the claim. It is important to note that there are certain fees that come out of any available surplus funds including Trustee Fees / Costs. We do not know the exact amount you will receive until the end of the claim because trustee attorney’s fees, liens (if any) and all other fees for work done on the claim must come out of the surplus funds. The amount that the trustee gets paid depends on many things including the deed and State Law.
How long will it take to receive my money?
Every claim is different. On average, claims can take anywhere from 3 months to 6 months. There are claims that take much longer and sometimes claims can take under 3 months to resolve. The time to receive funds can differ based on the complexity of the claim. If, for example, there are liens to be paid, the claim will take longer. If your claim is interpleaded (meaning a lawsuit is filed), expect the claim to take at least one year to resolve (often it takes longer, depending on how quickly the court system is moving).
What can hold up the money?
There are many things that can elongate the claims process. Some of these things include:
1. LIENS: Liens filed against the property/property owner. All liens validly filed against the property and named owners at the time of the foreclosure sale need to be paid prior to disbursement.
2. BANKRUPTCY: If you have an active bankruptcy, we likely will not be able to proceed with your claim until the bankruptcy has been resolved. How your claim is handled differs from the standard claim. If you have a closed bankruptcy, the trustee may seek to re-open the bankruptcy.
I’ve signed the agreements and have sent in my paperwork, what happens next?
You can expect the following on a standard claim. The process can change if the facts of the case are different.
- 0-10 days: We verify your information and the property information. We file your claim and request the surplus amount.
- 10-30 days: Your file is being reviewed for any liens that must be paid out of the surplus funds. We are requesting any payoffs for any validly filed liens. Please note that getting payoffs for liens can often take a significant amount of time. During this time, we may also request additional documents from you.
- 30-60 days: We receive an estimated amount of funds available (if any).
- 60-90 days: We prepare, review and have you sign any paperwork necessary to disburse funds to you. This may include a Hold Harmless Agreement and a W-9 form. These forms usually must be notarized.
- 90-120 days: We receive payment from the trustee. We disburse your funds to you. We can disburse funds via check or via Wire Transfer for a small fee.
If I am an heir, will I have to probate the estate to recover?
Usually, yes. In some circumstances we can get funds released without probate. If there is a will, we will need a copy. If there is not a will, we will need to determine all viable heirs under Georgia Law. All heirs are entitled to surplus funds. Usually, a trustee will require probate documents including but not limited to letters testamentary. Probate documents will usually name an administrator or executor.