Sheriff Sale Surplus Recovery

Summary

If your home sold at a sheriff sale for more than the amount owed, the surplus should go to you. Contact the court clerk to file a claim for the surplus. If the funds were sent to the mortgage company, file a motion with the court for an accounting of the surplus. Consulting a local real estate attorney can help protect your rights.

Full Conversation

my home sold at a sheriff sale for more then *,* then the bank required to pay it off. There is a surplus, but I don’t know how to find it. From the paperwork it seems they sent it to the mortgage company. There was *,*.* owed and it sold for *,*.*.
Hello ****,
Under Indiana law:
- The surplus after a sheriff's sale should go to the debtor (you).
- If you believe there is a surplus, you should file a claim with the court.
I suggest you contact the court clerk for further assistance.
I did call the clerks office and they say they have one dollar and fifty two cents. According to the papers filed by the sheriff office it says they sent it all to the mortgage company.
Hello ****,
Here's what you can do next:
- You can file a motion with the court asking for an accounting of the surplus.
- You might consider consulting with a local real estate attorney to ensure your rights are protected.
Remember, legal advice is specific and can vary based on all the facts.