Step By Step
Start Here: Understanding Excess Proceeds Without Confusion
If you are new to the concept of excess proceeds, this page will walk you through the fundamental questions in plain English — one step at a time.
Attorney Fee Structure
No Upfront Attorney Fees In Qualifying Matters
In qualifying matters, claimants do not pay attorney fees or case-related costs upfront. If a claim is accepted and funds are recovered, approved attorney fees and case costs are paid from the recovery according to the written agreement and applicable law. Attorney approval is required. Recovery is not guaranteed.
Key Questions To Walk Through
1. What happened to the property?
Identify the type of sale: foreclosure, tax sale, sheriff sale, HOA sale, or court-ordered sale. Each type of sale follows different rules and procedures.
2. Was the sale price higher than the debt, taxes, or costs?
If the sale generated more money than what was owed, the excess may be held for eligible claimants. This is the core question to investigate.
3. Who owned the property at the time of sale?
The owner may be an individual, a married couple, a trust, an LLC, a corporation, or a deceased person whose estate has legal standing.
4. Is the owner living, deceased, missing, or represented by an estate?
If the owner is deceased, the claim may need to go through probate or heirship proceedings. This is one of the most common situations we help families understand.
5. What documents may be needed?
Government-issued ID, proof of former ownership, death certificate (if applicable), probate documents, trust documents, and other records. Use our checklist below.
6. What deadlines may apply?
Each state and county has different statutory deadlines for filing claims. Some deadlines are measured in months, others in years. Missing a deadline may permanently forfeit rights.
7. When should an attorney be involved?
When multiple heirs are involved, when probate is required, when the amount is substantial, when the legal status is unclear, or when any party disputes the claim.
Document Checklist
Gathering these items before you begin can save significant time. Not every item will apply to every situation.
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