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Agreement to Attempt to Locate Unclaimed Property of Client

State:
Multi-State
Control #:
US-03427BG
Format:
Word; 
Rich Text
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Description

A finder's fee is a fee paid to someone who acts as an intermediary for another party in a transaction. Finder's fees may be offered in a variety of situations. For example, an employer may pay a finder's fee to a recruitment agency upon hiring a new employee referred by that agency. A finder's fee may be paid regardless of whether a transaction is ultimately consummated.


In a real estate context, a finder's fee may be paid for locating property, obtaining mortgage financing or referring sellers or buyers. A finders fee is money paid to a person for finding someone interested in selling or buying property. To conduct any negotiations of sale terms, the finder may be required to be a licensed broker or he violates the law. However, state laws, which vary by state, may also provide an exemption for certain individuals, allowing them to be compensated without the necessity of licensure. For example, one state's law allows an exemption for either a property management firm or an owner of an apartment complex to playa finders fee or referral of up to $50 to a current tenant for referring a new tenant. The fee can be in the form of cash, a rental reduction or some other thing of value. The party claiming compensation under this exemption is not allowed to advertise for prospective tenants.


Because they aren't technically held by the state, real estate created overages aren't subject to those finder fee limits. In fact, they're usually not subject to any limits at all (within reason... charge 95%, and you may be asking for a lawsuit). 30-50% is standard for those who specialize in collecting those funds.


These are the funds that are created when more is bid at auction for tax foreclosure and mortgage foreclosure properties. Those overages are more often than not due back to the former owners. Unfortunately for them, most don't realize this, and walk away from their financial mess without realizing they may have a small windfall awaiting them. Then, if they don't figure it out in time, they lose it to the agency holding the funds.

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Key Concepts & Definitions

Agreement to Attempt to Locate Unclaimed Property: This refers to the understanding or contract wherein a party (individual or company) agrees to search for assets or funds that have not been claimed by their rightful owners within a specific period. These assets include bank accounts, insurance policies, dividends, security deposits, and other personal properties left dormant over time in the United States.

Step-by-Step Guide

  1. Understand Your State's Laws: Every state in the U.S. has a different set of rules and regulations regarding unclaimed property. Identify and familiarize yourself with the guidelines of the specific state where you believe the property might be held.
  2. Locate Relevant Property: Use state-run online unclaimed property databases or contact financial institutions directly to trace the assets in question.
  3. Filing a Claim: Once you locate potential unclaimed property, follow the claim-filing procedure outlined by the state. This may require submitting identification documents and proof of ownership or entitlement.
  4. Verification Process: The state will verify your claim against their records. This process can take several weeks to months depending on the case complexity.
  5. Claim Approval and Recovery: Upon successful verification, the state will return the unclaimed property to its rightful owner.

Risk Analysis

  • Potential Scams: Always verify the legitimacy of websites and agencies claiming to help in locating and recovering unclaimed property to avoid scams.
  • Privacy Concerns: Sharing sensitive information during the claim process could potentially expose you to identity theft. Ensure secure handling of all personal data.
  • Legal Issues: Improper or fraudulent claims may lead to legal consequences. Ensure all submissions are accurate and lawful.

Pros & Cons

Pros:
  • Recovery of assets rightfully belonging to you or your relatives.
  • Helps clear dormant estates which could otherwise remain unutilized.
Cons:
  • Time-consuming process that can extend for months.
  • Requires careful navigation of legal and regulatory frameworks.

Best Practices

  • Regular Checks: Periodically check the state databases for unclaimed properties as new records are continually added.
  • Secure Personal Information: Use secure methods when proving your identity and ownership of the property.
  • Legal Consultation: Consider consulting a lawyer if you encounter complex claims or large sums of unclaimed assets.

FAQ

Q: Who can claim unclaimed property?
A: Any individual or entity that can provide proof of ownership or rightful inheritance of the property.
Q: How long does it take to recover unclaimed property?
A: It typically takes between a few weeks to several months, depending on the specific state's process and the complexity of the claim.

Case Studies / Real-World Applications

Examining several cases where individuals and families reclaimed significant unclaimed properties which had been overlooked for years. These cases highlight the importance of maintaining records and regularly checking for unclaimed assets.

Summary

The agreement to locate unclaimed property involves a systematic approach towards identifying, claiming, and recovering assets that have not been acknowledged by their rightful owners. While beneficial, it requires awareness of the associated risks and complexities.

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FAQ

After the dormancy period, dormant accounts become unclaimed property.Owners can gain back unclaimed property by filing an application with their state at no cost or for a nominal handling fee. Because the state keeps custody of the unclaimed property in perpetuity, owners can claim their property at any time.

Unclaimed Property Program at the State Controller's Office, Attn: Division of Audits, Post Office Box 942850, Sacramento, California 94250-5874. Inquiries should be directed to the Division of Audits' Unclaimed Property Program at (916) 324- 8907.

After one year or more, those assets are unclaimed and go to the state. That money is lawfully protected and kept by the state to be returned to the owner rather than reverting back to the party who initially distributed the money. In most states, the money is generally held until the owner is found.

Find out the laws of your state, or for all states where you have employees working. Set up policies and procedures to capture information on uncollected property and a timeline for reviewing the list and sending out notifications each year. Then, set a time each year for reporting and paying for uncollected property.

The States want to get the unclaimed property to The Rightful Owner, and, unfortunately, there is always someone out there that wants property that is not theirs to claim, so the States are diligent in the investigation of a claim. They will request information to prove your claim and that you are The Rightful Owner.

There are four basics to Unclaimed Property Compliance. Due Diligence You must make a final effort to notify owners of property you are holding by sending a letter to the last known address. Reporting and Remitting All states require this on or before a specific deadline. November 1 is the most common deadline.

Unclaimed property is any financial asset that has been abandoned or unclaimed by the rightful owner for a specific period of time. Examples include: Bank accounts and contents of safe deposit boxes. Dividends, payroll or cashier's checks. Stocks, bonds, mutual fund accounts.

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Agreement to Attempt to Locate Unclaimed Property of Client