Any equity left over after paying off the fees and penalties will go to the homeowner. It is important to take steps during foreclosure to preserve as much of your equity as possible. Lenders may use techniques to reduce the amount of equity they get to keep after foreclosure.
In California, the previous owner has a time window of 60 days post-foreclosure sale to clear their belongings from the property. If this timeline elapses without the removal of their belongings, the new owner has the right to dispose of them as they see fit.
A loss on the sale or disposition of a personal residence is not deductible. A gain may qualify for the Section 121 exclusion ($250,000 or $500,000 for Married Filing Jointly taxpayers) for a gain on the sale of a personal residence.
Homeowners can obtain it from the Clerk of Court or their attorney. Former homeowners must prove they were the owner of record at the time of foreclosure, while lienholders must present valid claims. Claims must be filed with the Clerk of Court, typically within a year or two after the foreclosure sale.
Under federal law, the servicer must generally send you a payoff statement within seven business days of your request, subject to a few exceptions. (12 C.F.R. § 1026.36.)
The statement is provided by the mortgage servicer and can be requested at any time. Accurate payoff information is crucial for managing financial decisions related to property ownership.
The former owner will have to petition the county to turn over the surplus funds. If no one petitions to recover them, the surplus funds generally can be held by the county for two years before they are distributed to the taxing bodies that foreclosed on the property.
Under federal law, the servicer must generally send you a payoff statement within seven business days of your request, subject to a few exceptions. (12 C.F.R. § 1026.36.)
Under New Hampshire law, the borrower typically receives just one warning about the foreclosure sale: a notice of sale. The lender has to personally serve the notice of sale to the borrower or mail it at least 45 days before the sale and publish it in a newspaper once a week for three weeks before the sale. (N.H. Rev.
In a non-judicial foreclosure, after the 20-day "right to reinstate" period has expired and at least 21 days before the sale, the servicer must provider the borrower with a Notice of Sale, letting them know the date and earliest time of the sale.