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Overbid at trustee sale

October 30, 2011 09:18PM
Curious as to how this would work. San Bernardino, CA property. Borrower died 4 years ago and property initally was being paid by son before he took off to avoid authorities on another matter. Now first lien holder has filed NOD and NTS is 2 weeks away.

- Property still titled in dead borrowers name (the Dad, as a widow).
- No will
- No probate has been open.

There are 3 siblings (2 daughters and a son) who cant stand each other. They dont talk to each other at all and there has been no agreement on what to do with property.

Only about $75K owed on property....valued at around $260K. So assuming it stands on current path and it goes to foreclosure and bought by third party, what would become of overbid funds?

By statute, it would go back to owner of property. But what does the trustee do with the overbid funds ... just mail a check to "The Estate of John Homeowner" at the property address? And then one of the kids would need to get probate open in order to actually cash the thing??
Does the foreclosure trustee hold it in escrow until owner contacts them? If nobody ever contacts them...then what?

Thanks in advance for any insight...
Subject Author Views Posted

Overbid at trustee sale

DHernandez 3951 October 30, 2011 09:18PM

Surplus funds of Decedent's loan

Rick Harmon 2658 October 31, 2011 08:32AM

Re: Surplus funds of Decedent's loan

DHernandez 2518 October 31, 2011 09:05AM



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