In Arizona, the foreclosure process is governed by state statute. The foreclosing lender is required to notify the homeowner and any other secured creditors (lien holders, homeowner’s associations) of the collection action, which is known as a Notice of Trustee’s Sale. The notice is recorded with the county recorder’s office and sent to the homeowner and all interested parties via certified mail. The actual sale date is scheduled 90 days after the notice is filed.
If the homeowner doesn’t bring his or her loan current or pay the loan off prior to the trustee’s sale the property is sold to the highest bidder. When this happens there MAY be EXCESS PROCEEDS available to the original homeowner, junior lien holders and homeowner’s association. Here’s an example of a how this works:
Harry Homeowner is behind on his first mortgage. His lender, Bank of the USA, sends him a Notice of Trustee’s Sale. He owes $100,000 on this loan. Harry also has a small 2nd mortgage of $10,000 from Anytown Bank. Harry stopped paying his homeowner’s association dues too and owes $1,000 in dues and fees to the Main Street HOA. So here’s the total amount Harry owes on the property:
-100,000 due to Bank of USA
-10,000 due to Anytown Bank
-1,000 due to Main Street HOA
Harry is unable to bring his loan current or pay it off prior to the scheduled sale date. Bank of USA, the foreclosing lender, sets an opening bid a the foreclosure auction of $100,000. Several bidders compete against each other for the property and the winning bid ends up being $136,000.
In this scenario the Bank of USA recovers all of their money. The remaining funds, known as EXCESS PROCEEDS, are then deposited with the county treasurer’s office. It’s then up to Anytown Bank, the Mainstreet HOA and Harry Homeowner to obtain their cash through what can be an expensive, complicated and lengthy legal process (click here to see state statute 33-812 regarding disposition of proceeds of sale).
HOW WE SERVE OUR CLIENTS
We assist individual homeowners, junior lien holders and homeowner’s associations in acquiring their excess proceeds. Our support staff and legal team gather the supporting documentation required to file a claim and recover the funds. Best of all, there are no upfront cost to our clients. We don’t receive our modest $2,500 fee until the legal process is complete and the funds have been released by the county treasurer’s office.
Recovery times can vary, but the average is 2-3 months.
ExcessProceedsAZ.com operates in every county of Arizona.
If you’re an individual borrower, junior lien holder or homeowner’s association representative and believe there could be excess proceeds due to you or your company please fill out the contact form on the right side of the page. A client outreach manager will contact you within one business day.