![]() |
Foreclosure Forum |
|
Distribution of foreclosure sale overbid..In Reply to: Equity Surplus posted by cecil casey on June 10, 2003 at 11:29 AM : I understand that the owner of record at the time of the public sale shall receive all surplus equity after all other liens and junior liens against the property are paid for. What effect would a california state lien against the above owner of record have on the equity surplus? =•=•=•=•=•=•=•=•=•=•= Cecil, Foreclosure overbids are always paid out to those liens and interests that are junior to the foreclosing lien. The payouts are made in a descending priority from one junior lien down to the next until it’s exhausted or finishes up with the most junior equity holder—the ex-owner. If the CA state lien is senior to the foreclosing lien it wouldn’t receive any of the overbid payout. However, if it was junior to the foreclosing lien it would receive whatever was left of the overbid after any intervening liens above it were paid off completely. Hope this helps. Follow Ups: Post a Followup:
|
Information provided by this website is for informational purposes only and is not a substitute for professional advice. Please consult your investment advisor and/or attorney before entering into any transaction.
Copyright © 1997-2003, InnoVest Resource Management
http://www.foreclosureforum.com
InnoVest Resource Management, 4569-A Mission Gorge Place, San Diego CA 92120-4112
(619) 283-5444, Fax (619) 283-5455