0% found this document useful (0 votes)
26 views156 pages

Surplus Pro Pack Bundle 2023 (1) (2)

Download as pdf or txt
Download as pdf or txt
Download as pdf or txt
You are on page 1/ 156

Surplus Pro Pack Bundle

Table of Contents
1. National Surplus Funds pg 2
2. Premiere Surplus Partnership 16 pg 80

Click on the page number above to go directly to listed program.


National Surplus Funds Program
Copyright 2016-2023 the-results-team.com, inc. All rights reserved. We protect, enforce our
copyright. You do not have the right to share, disburse, re-sell, or in any way distribute this
ebook in whole or in part.

Welcome Aboard!!
First, let’s address the elephant in the room: I have repeatedly said you can’t work other states
from home, because you have to be able to research judgments against the person, not just
debt (mortgages, liens, equity liens, etc) against the house. So what has changed?

After testing skip tracing software platforms, we are confident in their accuracy with judgments
and liens.

So – as long as you can research the land records aka register of deeds information showing
deed ownership and mortgages – Our software fills the gap with judgment and lien research.
And we will run judgment and lien checks for you!

We will also mail and call the folks, hire the attorney, make the deal, hire the notary, and pay
you a great commission when we get the payment.

Resources and Referrals Page for this Ebook – Videos, additional information –
http://www.surplusfundsriches.com/nationalresourcespagelea.htm
Your password for this page will be - faithjuliette

IN THE EVENT OF A CONFLICT BETWEEN THIS PROGRAM AND INFORMATION ON THE ONLINE
RESOURCES PAGE, THE RESOURCES PAGE TAKES PRECEDENT/CONTROLS.

After reading the ebook in its entirety, and watching corresponding videos, support can be
accessed at http://www.surplusfundsriches.com, click on support, open a ticket. Please be sure
to also read the FAQ’s associated with the support system.

We recommend that you also like our facebook page - https://www.facebook.com/pages/Tax-


Sale-Millionaire/129248203922534, to stay up to date.

1|Page National Surplus Funds Program


Overview of Steps – how this program is organized:

1. Get a list and make sure that you can work it


2. Research debt against the property and ownership(deed transfers)
3. Submit the file
4. There is additional information at the end of this initial content
5. The traditional program is also added at the end of this ebook, so that you
have the choice of also working the program locally, doing research in your
local courthouse. If you choose to take that route, you will have to
physically and locally research the debt against the property and the person
in the courthouse to apply that.

Guidelines – this overview helps you avoid making common mistakes:


1. Don’t get ‘obsessed’ with working a set State or County. This is a National program. If
you have difficulty getting a list from a particular County or State, support will not get
this list for you. You can work well over 2,000 Counties, Nationally, so move on.
2. Title work – filling out the title worksheet – is either right or wrong. There is no ‘gray
area’. There is no ‘oops, I didn’t see that’. It is very straightforward and relatively easy.
We expect you to make mistakes on a few files turned in, in how you turn it in.
However, take your time and you will not mess up on research. We will give you
constructive criticism. Remember – making a mistake in filling this out is unfortunate –
making a mistake over and over after we have pointed it out is a choice. Don’t make
that choice. Take your time, ask questions of support, don’t take shortcuts.
3. There are a few things I have learned that I apply in running this business:
- My dept heads are fair, hardworking. I back them up. Don’t throw them under the
bus.
- My dept heads have the responsibility of running their departments. Because they
have that responsibility, they have authority to make decisions. If you are working
with the submissions department or the underwriting/support department, their
decisions stand.
4. The rules are there for your benefit and ours. We don’t make ‘side deals’ or ‘special
deals’.
5. We are not finders. We buy folks out, retrieving in claimant’s name with an attorney, so
finder laws do not apply. If you are not comfortable working the program, don’t work it.
If you send in State Statutes regarding finder laws, we will ignore it.

2|Page National Surplus Funds Program


6. Please use support to ask questions, not share opinions, or check in. I appreciate and
respect that folks like to ‘touch base’ or give us updates on where they are. Please don’t
do that. Send us deals, and we will work with you. I further respect that many folks like
to know every possible outcome and ask ‘what if’ questions that are not even issues with
any file they are working – support is there to help you cross that bridge when you reach
it, not before.
7. With this new program, we are going to want to see 3 files submitted correctly and
accepted before we ‘open the floodgates’ to unlimited file submission. This is to help us
both – this way we don’t work files that are incorrect, and you don’t have to resubmit
10,20,30 files because you turned them in wrong. Please read and review the 3 file rule
on the resources page.

Getting a List and Making Sure that YOU can Work that List and that File:
Getting a List –

There are two main types of lists to go after, in the majority of States. These lists are tax
overage lists – overages created as a result of property sold at tax sale – and mortgage overage
lists. Understanding what list you are getting is important. More information on the two types
of lists:

Tax overage lists – tax overages are created when a property is sold in order to satisfy
municipal debt. This can be City, County, etc debt. It can also include debts incurred by
departments such as code enforcement, and even school taxes (most notably in Texas, where
this is a frequent occurrence).

The type of debt being satisfied does not matter – school, City, County, etc. – but the property
must have actually been sold, in order for there to be an overage. In instances where investors
buy the tax liens or ‘certificates’, the property has yet to be sold. If you are unsure as to
whether or not an overage has been created, there is an extremely easy way to tell – has the
property been deeded to someone else? Finally, don’t get caught up in rules of ‘redemption’ in
redemption States. If it sold for more than the debt that was owed (included attorney/court
costs, which can be added in), and the deed was transferred at the time of the sale, there is an
overage. *Special Note – the only time you will have an issue here is if the deed has not been
transferred. That is why we have to get a copy of that transferred deed from you. If there is no
deed showing transfer of ownership to the buyer at the sale, don’t turn the file in. We can’t
pursue it yet.

Mortgage overage lists – mortgage overages are created when a property is sold in order to
satisfy consumer, or commercial, debt. For our purposes, this includes but is not limited to:

3|Page National Surplus Funds Program


mortgages (aka deeds of trust), Home Owner Association dues, Condo Association dues, liens,
judgment creditors, etc.

It should be noted that of the two main types of lists – tax overage vs mortgage overage – the
mortgage overage lists have two main advantages:

- Mortgage overages tend to be held in perpetuity (forever), by either the County or the
State. In other words, in most States, there is no drop dead date to make a claim for
these monies. That’s a big deal. Don’t be misled – even if the monies have been sent to
the State, they are still open to be claimed in the vast majority of States.
- There is very little competition in mortgage overage recovery, versus tax overage
recovery. This is partly because, of course, the tax overage lists are easier in many cases
to get – so folks follow the path of least resistance.
- ** Special note – often, if you read the most recent statutes dealing with claiming
overages, it will say something to the effect of ‘only the last owner prior to the sale can
claim these monies’. That does not mean that judgments or mortgages are kicked out.
That means that a third party cannot claim the funds in their name. This is another
reason folks come on board with us – we retrieve in the claimant’s name and either
have the attorney break out the check from a trust account, or we have it forwarded to
us and we cash it.

In the vast majority of States, the money is held by the same department that held the sale on
the property. So if the clerk of the circuit court conducts mortgage foreclosures – that’s where
you start. Same with if superior court holds the sale, sheriff holds it, etc.

So, you can either ‘shotgun’ your approach to get the lists, or you can do a little research into
who holds the sale, and get a list from them.

We give you an overview of insights we have gained over the years, in different States. This
can, of course, be extremely helpful. But you should also do your own research, because States
do change their statutes (laws) regarding the handling of tax and mortgage overage. Those
changes can impact who holds the money, and therefore who has the list of monies being held.
If there are no notes on a State that means there is nothing different or ‘tricky’ about it, or it
means we have not worked that State yet.

In the State Information/Notes list that follows, we have provided as much info as possible.
However, in some states, there have been recent changes or we simply have not worked that
state in the past.

4|Page National Surplus Funds Program


State Information/Notes:
Please note this information was gathered when this book was originally written (2015), laws
and procedures for each states can change year to year. Please make sure to check the state
statutes prior to working files.

 Alabama – you can get lists online from some Counties, and, here’s the odd part – the lists in many of
these are held by the probate department. Yes, that is odd. You have 3 years to claim tax sale overages
- Further more (Sec. 40-10-28) says that if such tax sale proceeds, overages, or excess funds are not
requested within (3) three years after the sale of the property such money shall thereafter be treated as
part of the general fund of the county. Do not send us a file where the tax sale happened over 2 years
and 6 months ago. For tax overages, in Alabama, it is often called an ‘excess bids’ list
 Alaska – courts are broken down by boroughs. You need to call/email around, as there have been lists
found for tax overages both on the county(borough) level, and – believe it or not – the State level. The
tax overage list can be called the ‘tax foreclosure outcry auction results’.
 Arizona – in some counties, the opening bid and the winning bid for mortgage sales are given in a report
generated by propertyradar.com Remember that the opening bid is not always the amount being
foreclosed upon, though it usually is. This is a good ‘back door’ method for finding overages, if you are
unsuccessful in getting a list from the County directly. The great thing with the propertyradar.com report
is that it gives you the information necessary to find the deed and the property debt, because it gives date
of sale and document/instrument numbers for deed of trust. Good starting place.
 Arkansas – Commissioner of State Lands can provide a state wide list. Will be called an ‘excess proceeds’
or ‘excess proceeds turnback’ report.
 California – very difficult to get online records without spending an extraordinary amount of money. Easy
to get a tax sale list from the tax collector for the County, called excess proceeds. There is a one year
claim period for tax overages. So we will only take researched files from tax sales if the tax sale occurred
1 day to 6 months ago. If the file is over 6 months old, don’t turn it in. Claims are made within the year’s
time and reviewed at the end of the year. There is some disagreement as to when the one year mark
starts. It can be viewed as one year from date of tax sale, or one year from date of deed transfer.
Because some Counties move extremely slowly, using the deed transfer date can add 3 to 6 months to the
potential claim period. Mortgage overages are first held by the foreclosing entity, who can disburse the
funds without the court’s intervention. Then, the foreclosing entity deposits surplus funds with the County
Clerk – add the following to your request letter/email for best results: Specifically, California Civil Code
Section 2924j addresses the surplus funds issue: (a) Unless an interpleader action has been filed, within
30 days of the execution of the trustee's deed resulting from a sale in which there are proceeds remaining
after payment of the amounts required by paragraphs (1) and (2) of subdivision (a) of Section 2924k, the
trustee shall send written notice to all persons with recorded interests in the real property as of the date
immediately prior to the trustee's sale who would be entitled to notice pursuant to subdivisions (b) and (c)
of Section 2924b. The notice shall be sent by first-class mail in the manner provided in paragraph (1) of
subdivision (c) of Section 2924b and inform each entitled person of each of the following:(1) That there
has been a trustee's sale of the described real property.(2) That the noticed person may have a claim to
all or a portion of the sale proceeds remaining after payment of the amounts required by paragraphs (1)
and (2) of subdivision (a) of Section 2924k.(3) The noticed person may contact the trustee at the address
provided in the notice to pursue any potential claim.(4) That before the trustee can act, the noticed
person may be required to present proof that the person holds the beneficial interest in the obligation and
the security interest therefor. In the case of a promissory note secured by a deed of trust, proof that the
person holds the beneficial interest may include the original promissory note and assignment of beneficial
interests related thereto. The noticed person shall also submit a written claim to the trustee, executed
under penalty of perjury, stating the following:(A) The amount of the claim to the date of trustee's
sale.(B) An itemized statement of the principal, interest, and other charges.(C) That claims must be
received by the trustee at the address stated in the notice no later than 30 days after the date the trustee
sends notice to the potential claimant.(b) The trustee shall exercise due diligence to determine the priority
of the written claims received by the trustee to the trustee's sale surplus proceeds from those persons to
whom notice was sent pursuant to subdivision (a). In the event there is no dispute as to the priority of the
written claims submitted to the trustee, proceeds shall be paid within 30 days after the conclusion of the
notice period. If the trustee has failed to determine the priority of written claims within 90 days following
the 30-day notice period, then within 10 days thereafter the trustee shall deposit the funds with the clerk
of the court pursuant to subdivision (c) or file an interpleader action pursuant to subdivision (e). Nothing
in this section shall preclude any person from pursuing other remedies or claims as to surplus proceeds.(c)
If, after due diligence, the trustee is unable to determine the priority of the written claims received by the
trustee to the trustee's sale surplus of multiple persons or if the trustee determines there is a conflict

5|Page National Surplus Funds Program


between potential claimants, the trustee may file a declaration of the unresolved claims and deposit with
the clerk of the superior court of the county in which the sale occurred, that portion of the sales proceeds
that cannot be distributed, less any fees charged by the clerk pursuant to this subdivision. The declaration
shall specify the date of the trustee's sale, a description of the property, the names and addresses of all
persons sent notice pursuant to subdivision (a), a statement that the trustee exercised due diligence
pursuant to subdivision (b), that the trustee provided written notice as required by subdivisions (a)and (d)
and the amount of the sales proceeds deposited by the trustee with the court. Further, the trustee shall
submit a copy of the trustee's sales guarantee and any information relevant to the identity, location, and
priority of the potential claimants with the court and shall file proof of service of the notice required by
subdivision (d) on all persons described in subdivision (a). The clerk shall deposit the amount with the
county treasurer or, if a bank account has been established for moneys held in trust under paragraph (2)
of subdivision (a) of Section 77009 of the Government Code, in that account, subject to order of the court
upon the application of any interested party. The clerk may charge a reasonable fee for the performance
of activities pursuant to this subdivision equal to the fee for filing an interpleader action pursuant to
Chapter 5.8 (commencing with Section 70600) of Title 8 of the Government Code. Upon deposit of that
portion of the sale proceeds that cannot be distributed by due diligence, the trustee shall be discharged of
further responsibility for the disbursement of sale proceeds. A deposit with the clerk of the court pursuant
to this subdivision may be either for the total proceeds of the trustee's sale, less any fees charged by the
clerk, if a conflict or conflicts exist with respect to the total proceeds, or that portion that cannot be
distributed after due diligence, less any fees charged by the clerk.(d) Before the trustee deposits the funds
with the clerk of the court pursuant to subdivision (c), the trustee shall send written notice by first-class
mail, postage prepaid, to all persons described in subdivision (a) informing them that the trustee intends
to deposit the funds with the clerk of the court and that a claim for the funds must be filed with the court
within 30 days from the date of the notice, providing the address of the court in which the funds were
deposited, and a telephone number for obtaining further information. Within 90 days after deposit with the
clerk, the court shall consider all claims filed at least 15 days before the date on which the hearing is
scheduled by the court, the clerk shall serve written notice of the hearing by first-class mail on all
claimants identified in the trustee's declaration at the addresses specified therein. Where the amount of
the deposit is twenty-five thousand dollars ($25,000) or less, a proceeding pursuant to this section is a
limited civil case. The court shall distribute the deposited funds to any and all claimants entitled
thereto.(e) Nothing in this section restricts the ability of a trustee to file an interpleader action in order to
resolve a dispute about the proceeds of a trustee's sale. Once an interpleader action has been filed,
thereafter the provisions of this section do not apply.(f) "Due diligence," for the purposes of this section
means that the trustee researched the written claims submitted or other evidence of conflicts and
determined that a conflict of priorities exists between two or more claimants which the trustee is unable to
resolve.(g) To the extent required by the Unclaimed Property Law, a trustee in possession of surplus
proceeds not required to be deposited with the court pursuant to subdivision (b) shall comply with the
Unclaimed Property Law (Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of
Civil Procedure).(h) The trustee, beneficiary, or counsel to the trustee or beneficiary, is not liable for
providing to any person who is entitled to notice pursuant to this section, information set forth in, or a
copy of, subdivision (h) of Section 2945.3.
 Connecticut – The tax collector will deposit tax overages with the clerk of the court after the sale. Once
the monies from tax sales are deposited with the clerk of the court, there is a 90 day window to make a
claim – however, statues say we have 3 years. Don’t send anything to us older than 2.5 years. The tax
collector has some leeway to determine when they deposit the monies with the clerk of the court – so you
may want to attempt to get a list form the tax collector first. The pertinent statute, dealing with this
deposit, is CT general statutes 12-157(i). You will want to also contact the court for a mortgage overage
list. County holds funds for 90 days in general fund account and then transfers the monies to the
prothonotary of the county to hold for claims. Contact prothonotary for list.
 Delaware – Project rightful owner is an online program that allows access to sheriff sale information
including the overages being held. It is the superior court of Delaware that has online access links. There
is no time limit for tax sale overage claims. Instead of Counties, the state is divided into regional court
houses. As of this writing – January 2014, there are no finder limits or laws in place
 Florida – Unless you work this using the traditional system – going into the courthouse and doing research
there in person – or you have our Florida Remote system, we will not take deals from you here. *Note –
this is a State where the attorneys will not break out funds in their trust account. As a result, unless you
can cash third party checks using our custodian/durable power of attorney with your bank, you will not be
able to work Florida using our system on your own.
 Georgia – Counties often give out tax sale overage lists very easily. Getting a mortgage overage list is
harder, as they are not used to giving this out, and therefore they can easily feign lack of knowledge. Tax
overage list is called ‘excess funds list’. UPDATE – for tax overages, we have 5 years to go after the
funds. Don’t send anything in over 4.5 years old please.
 Hawaii – You can get lists from the state administrative office of the court. They are called unclaimed
warrants. The county tax collector will also often be able to provide a tax overage list. Do not send any
tax overage files to us that are older than 6 months.

6|Page National Surplus Funds Program


 Idaho – Counties have excess proceeds lists. May want to mention Statute code – 31-808(2) in your
request for the list. Keep files submitted from tax sales to under 2.5 years because we have 3 years to
claim. The treasurer usually handles tax sale overages.
 Illinois – Counties hold the tax overages. It is difficult to get any list from Cook County. Update: You
have 7 years from tax sale to make a claim. So don’t send us anything over 6.5 years old.
 Indiana – on tax sales, you have three years to claim. Do not send us in a file where the tax sale
happened more than 2 years and 6 months ago(we have 3 years to claim). You can ask for the ‘registry
and trust accounts with balances’ from the circuit court. The sheriff holds mortgage foreclosures and the
list is called the overbid list.
 Iowa - In the past, we have had success with asking for escrow account list. With mortgage overages,
that is where the funds are deposited.
 Kansas – one year to claim tax overages. Do not send us anything older than 6 months after tax sale. The
County Sheriff handles mortgage foreclosures and they will have a list, or will be able to tell you who to
contact at the County Courthouse, if money is transferred.
 Kentucky
 Louisiana – This is broken down by Parish, not County. Each County can be slightly different. You will
have to contact and ‘ask around’.
 Maine – one year to claim tax overages. Do not send us anything older than 6 months after tax sale.
 Maryland – you can ask for the tax sale report or tax sale results report. Maryland is odd: Baltimore
County and Baltimore City have separate tax sales. Don’t send tax sale overage files in that are older
than 2.5 years from the foreclosure – 3 years to claim.
 Massachusetts
 Michigan – The sheriff handles mortgage foreclosures. The Sheriff has a list of ‘special trust accounts’ that
may also be referred to as a 76800 account. We do not believe that Michigan has tax overages. Go after
mortgage overages and unclaimed estate funds. Michigan Counties keep any tax overages, ostensibly for
‘community development’
 Minnesota – we do not believe that you can work tax overages here. You can, however, work mortgage
overages.
 Mississippi – Do not send us in any tax overage files where the sale occurred over 1.5 years ago as we
have 2 years to claim.
 Missouri – the circuit court has information, including tax sales, online, available to the public. We had a
list turned in where it showed online public information where you could click through case after case and
simply see which ones had overages in them. We have 3 years to claim tax sale overages – don’t send in
any case where the tax sale occurred over 2.5 years ago.
 Montana – for tax overages, we have one year to make a claim. Do not turn anything in to us over 6
months old.
 Nebraska – for tax overages, we have one year to make a claim. Do not turn anything in to us over 6
months old.
 Nevada – tax overages are called excess proceeds. One year from sale to make claim – so we won’t take
anything over 6 months after date of sale for tax overages. The County will give you the list.
 New Hampshire – we believe that we have 3 years to make claim on tax sale overages. So we can’t take
any file over 2.5 years old from date of tax sale.
 New Jersey – This is an interesting State. We have seen County lists that give you the judgment amount
being collected by the foreclosing bank (mortgage foreclosures), and the amount paid, effectively giving
you the initial overage amount. In addition, the Administrative Office of the Court, located in Trenton NJ,
will provide what they call the ‘SODA’ list – that list gives you access to State wide overages, but you will
have to break them out and research by County. Some cities or counties will also have what is called a
‘non municipal lien master file list’ that is a list of mortgage overages.
 New Mexico – for tax overages, we have one year to claim. So don’t send anything in to us that is older
than 6 months from the tax sale.
 New York – mortgage overages, and access to online research – deeds, mortgages – are fairly easy to get.
Outlying counties are easier to get than, for instance, the boroughs. The county treasurer will often hold
the list. You may want to ask for ‘all current court held and trust funds, pursuant to Section 184 of the
State Finance Law. In some Counties, you can go online to the County or borough and request a list by
clicking on a ‘foia’ or ‘foil’ request button.
 North Dakota
 Ohio – Both tax and mortgage overage lists are available online or by contacting the court.

7|Page National Surplus Funds Program


 Oklahoma – there’s only a year to claim tax overages. So don’t send in any files over 6 months old from
tax sale. You should be able to get a results of sale, from tax sales. This results list will give amounts
that were being foreclosed on, and the amount of sale, so overages can be determined.
 Oregon – We have no interest in pursuing any cases in this State and will not accept files from you.
 Pennsylvania – you can get a tax overage list from either the County or the tax department. You will have
to ask around to get a mortgage overage list. But, in general, the Sheriff for the county holds the
foreclosure sales for mortgages so they usually hold the mortgage overage list. We have 5 years to make
a claim on tax overages. Don’t send in any file over 4.5 years old.
 Rhode Island – in tax sales, you have up to 5 years to claim the overage – so please do not send in any
file that is over 4.5 years old.
 South Carolina – some counties will give you a tax overage list very easily. The issue is whether or not
you can gain access to online information to research the deed and mortgage debt, which is not always
available. In tax sales, the list may be called a ‘bidder overage’. In addition, the statutes read that only
the ex owner can claim, but read that more closely – only the owner of anyone with a claim – so priority
still goes to debt holders first. They may also call it their unclaimed funds register.
 South Dakota – we have one year to claim tax overages. Don’t send in any files where the tax sale
happened over 6 months ago. the county auditor can give you a list of tax sale results
 Tennessee – Many of the Counties require that you are a local resident of Tennessee to get a list. Of
course, if you would like to enlist the help of a friend or family member to get the list who lives in the
State, and then work it, that would be fine. As we have had very few cases turned in for Tennessee, we
are happy to accept files from here. However, we have 1 year to claim tax overages – don’t send us
anything in that is over 6 months old from tax sale. The tax overage list can be had, by request, from the
Chancery court.
 Texas – very difficult to get a mortgage overage list. However, the Counties generally have no problem
giving you a tax sale overage list. Many of the ‘tax sales’ are actually being sold at auction because the
owner did not pay their school taxes. Word of caution – Like any other State, do not try to get the funds
out in your name. Use our method, even if you are attempting to claim surplus by buying a judgment
from a judgment holder who has the priority claim to the funds. Texas is the only State we know of that
applies finder fee limits on judgment holders who bought the judgment in order to collect on it from
surplus. The way to get around this is to treat the judgment holder as the claimant – they are in fact first
in line and as such are the claimant – and sign them up as that. Don’t try to buy their judgment and work
it. In most counties, the County Tax Commissioner or Treasurer can provide you with a tax overage list. A
reference that you may want to include in your request for the list, is that these monies are generated and
referenced in property code 76, subchapter c.
 Utah – the only list we have seen for tax overages have been ones that are called result of tax sale lists,
from the County. The list is sparse – parcel id#, opening bid, final sales price. It would require more
research to work such a list – the tax id or parcel id # (also called pid) can be entered into the County tax
collector’s site to find the address of the property. The year of the tax sale would also give you a starting
point to research deeds and then find when the deed that was transferred by the tax sale. The owner just
previous to that transfer would be the one entitled, if of course there was not additional debt owed that
had a priority claim. You would have to research debt against the property prior to the tax sale and
judgments using TLO (or let us do that). We have one year to claim tax overages – so don’t send in any
file where the tax sale happened over 6 months ago.
 Vermont
 Virginia – for tax overages, usually the circuit court holds the funds. May be called a ‘liabilities index’. May
also be called ‘chancery accounts’. We have one year to claim tax sale overages – so don’t send in any
file where the sale happened over 6 months ago.
 Washington State – We have no interest in working this State and will Not accept any files from here.
 Washington DC – We have no interest in working this, and will not accept files from here.
 West Virginia – for tax sales, we have 1 year to claim. Don’t send in any files over 6 months old from date
of tax sale.
 Wisconsin – we don’t believe that Wisconsin returns tax overages. You can work mortgage overages,
however.
 Wyoming

8|Page National Surplus Funds Program


Okay, you have 4 ways to get a list:

First Way to Get a List: Online


You can simply ‘Google™’ (don’t use Bing™ or any other site, use Google™) the county name,
state abbreviation, followed by overage, surplus funds, excess proceeds, overbids. For
example:

‘Dekalb County Georgia overbids’ or ‘Dekalb County GA overbids’ or ‘Dekalb county Georgia
Excess Proceeds’, ‘Dekalb County Georgia excess funds’ etc…

You can also search statewide by using Google™ with the following in your search -

‘State name’ ‘surplus funds – or other phrases’ ‘list’. You can also further limit results by ending
the search with ‘pdf’ or ‘xl’ or ‘xls’ to try to get online lists.

Though the fastest method of procuring lists, it also often contains lists that are too old to
work. Please refer to the overview of states that we have provided, as this will often tell you
how long we can claim an overage. In general, tax overages do have a limited time for claims to
be made, but mortgage overages – in general – do not. If you are in doubt about time limits for
a claim for overages in a specific State, simply Google™ - (State name) overages statutes.
Statutes will be different for tax and mortgage overages. There are incredible resources
available online in blogs, attorney write ups, and other sites.

2nd way to get a list: Buy it


You can find the best lists from taxsaleresults.com. We are not affiliated in any way with these
folks, but we think very highly of them. Just remember that if you can buy it, so can anyone
else.

3rd way to get a list: Request it


We highly recommend that you get lists from the County by requesting a list. You will have to
look online to see who conducts mortgage and/or tax sales for a county. That department will
be the folks to start contacting.

A great letter to use via usps or by sending an email follows. Couple of Notes:

1. Do not ‘stalk’ them. Send letter or email, wait a week. Don’t email/call every
other day.
2. They don’t have reason to deny you a list. If they say they don’t have one, move
on to another dept. Their job is to give info – there are no black helicopters

9|Page National Surplus Funds Program


flying around the court. You’re not doing anything illegal, so relax. Afraid to
call? Buck up, buttercup! You are often also going to have to doublecheck that
they are still holding the overage, and for how much, so be nice.
3. Figure out, online, who hold the sale – tax or mortgage, different departments
can handle each, or the sheriff can hold sale instead of county – and start with
that dept. That’s easy to do – Google™ ‘mortgage foreclosures (insert name of
county and state as an example) and/or Google™ ‘tax sale (insert name of county
and state as an example)’. You should find a list of upcoming tax sale and/or
upcoming mortgage sales, and information on who holds that particular type of
sale.
4. Be nice. They deal with the general public every day. Be respectful but
assertive, follow-up. Send thank you emails and/or letters when they respond
with a list. Yes, I said send a thank you.
5. The State overview we included has notes on statutes you can quote for some
states. Insert that where appropriate (if its in a state where we made that note).

The letter/email –
To: (name of person and their title, and their department that you are attempting to reach)

Fr: (your name and name of your company if applicable)

Re: Accounting list of overage monies held by your department. Public Information Request.(put this in subject line
too if you are emailing)

Date (today’s date – very important, because they are often obligated to respond within a set time frame to public
record information requests)

Dear (name of person you are attempting to reach),

Good morning (if you are emailing, use whatever is appropriate – good afternoon, good evening, etc.).

My name is (your name), (and my company is ((name of company is appropriate))).

I am respectfully requesting a list of monies held as a result of foreclosure. These monies are created when the sale
is for more than the underlying debt foreclosing on the property.

To be more specific, I am looking for a list of these funds that would contain last owner name, address, and amount
being held. However, as long as the list shows amount held, and some reference to the property (a parcel ID
number, etc.), that would be fine.

10 | P a g e National Surplus Funds Program


In addition, if there are multiple lists, generated over time, instead of a cumulative list, I would like the lists for the
last (insert number of years if you know there is a time limit for claiming tax funds – see our included state
overview) years, if the list is from tax sales. If the list is of funds held from mortgage or non-municipal sales, then I
would appreciate the last five years of the list if it is not cumulative.

The list may be known as overages, overbids, remainders, surplus funds, excess proceeds, etc.

I understand that the list may incur a cost to me, as you will have to take time to print or email it to me, and that if
you have to send it to me via the mail, copy costs will be incurred. If that is the case, please let me know how much
to send for the list, how to make the money order or certified funds out, and where to send this.

Finally, I understand that I may have inadvertently contacted the wrong person or department. I would be most
appreciative if, in that case, you could direct me to the correct person or department.

Thank you in advance for you time and effort.

Respectfully,

(sign it here if sending a letter)

(your name and name of your business if applicable) (address) (phone number)

(if there is a statute that you wish to quote- see our state overview to see if is – put that here)

Calling the county, or department or sheriff’s office – whoever held the sale – script:

“Hi, my name is (insert your name) (and I’m with – insert company name if applicable). I am calling to
get a list of monies held that were generated from a (insert type of sale –tax or mortgage) foreclosure.

They are often called surplus funds, overbids, overages, or excess proceeds.

Are you the right person to talk to about this?”

- If no – “Do you know who I should talk to?” – if yes, get their direct number before being
transferred.
- If yes – “Great. Can I get a copy of that list through email, or should I send a self addressed
envelope, and do I need to send a check or money order?” if they are the right person, they will
know exactly how to send it, if there is a cost, how to make the check out, and where to send it
to. Be sure to right down their name, department, etc.

Guys – you are going to probably be transferred around form department to department. We
have found that, unless noted otherwise in the state overview we provided, key departments
are:

- For tax overages – can be sheriff or county. Tax collector, tax department or clerk of
court or book keeper for the clerk of court.

11 | P a g e National Surplus Funds Program


- For mortgage overages – can be sheriff or county. Clerk of court of other department –
chancery court, interpleader court, master trustee, etc. Do a little research online as
well.

**Remember: if it is a little difficult for you to get a list, fewer people


will be working it…
However, if you have exhausted your time and energy, move on to another county and/or
another state – don’t get obsessed with getting a list from a specific county. Don’t contact
support asking for help with getting a list from a specific county – you will be told to ‘move on’.

**You hardly ever get this question, but if they ask why you are asking for the list, respond
with, “I am researching these funds”.

4th way to get a list: In Person


Go in person to your local courthouse. The traditional surplus funds program is included in this
ebook. If you are willing to research debt and judgments in person at the courthouse, you
might as well get the list in person as well. Take the letter, above, with you, and go into the
court. If you are in a state that we are not going to work nationally – Oregon, Washington
State, Washington DC, Florida (FL has its own program), Colorado – you can still work in that
state by working it locally and going into the courthouse to do your research there. However, if
you are doing that and we find out that you are working a blocked state – Florida for instance –
and you are sending us information you have researched online instead of going in person, we
will deny your claim and not pay a commission to you. Don’t try to get around the limited state
rule by pretending to live there. We find people for a living folks.

What Should the List Contain?


In a perfect world, the list would have owner’s name prior to the sale, date of the sale, dollar
amount of the overage, address of the property foreclosed upon, and a case number for
reference (in tax sales, there is often no case number, just a pid- property id # - for reference).

With that information, it is very easy to research the debt against the property.

However, there are ‘backward engineering techniques’ that you can use when the list is not
perfect. We have put a video together on that. Using that technique, you can research and
turn in a file with as little as a parcel id number and an overage amount, and approximate date
of sale.

12 | P a g e National Surplus Funds Program


Finally, we can even work a list where you have the judgment amount(usually minimum bid
amount) and the final sales price. You can determine the overage from that, as long as there is
a property reference – parcel id or address of property.

Make sure that you can work the List – Online access to mortgage and deed
transfer data:
Getting a list is the beginning. You will also need to determine whether or not you can work
that list. In other words, you need to determine whether or not there is online access to deed
and mortgage information on the county website where the foreclosure/tax sale occurred. We
have put a video together on that.

The documents that we require, and therefore you must have access to if you wish to work a
list you have gleaned, are listed on the title worksheet.

Make sure you can work the list – at least 6 months left for us to claim:
Finally, doublecheck the Statutes for your State regarding how long you can go after surplus
funds, to make sure that the list you are working can still be worked. There are notes we have
put together on a State by State basis, but many of them do not have that information. This is
because we either haven’t worked that State in the past, or we have worked mortgage
overages, which usually do not have a drop dead time limit.

Checking the statutes is very easy, because there are extensive blogs about statutes dealing
with surplus funds (aka overages, excess proceeds, overbids, remainders, excess funds, surplus
proceeds). Many of the blogs are written by attorneys in an attempt to get business from their
blog or blog post. Look, of course, at the date it is written to make sure that the post or
information is a year or less old.

This is because State statutes can change or be amended. You need to know what the current
laws are regarding how long you can make a claim, after the sale (usually just for tax sale
overages, most states keep mortgage overages forever and can be claimed forever). Subtract 6
months from that dead line, and that is the last date we will accept a file from you in that state.

So, for instance, if the tax sale was held in 2014, and the State only allows one year for a claim
to be made on the funds, well you know that you can’t go after that file. It is no longer money
that can be claimed. Further, let’s pretend that you are researching the file and today is
February 1st, 2017.

Further assume that you are in a State that allows for overages to be claimed for 18 months
after the sale date, and the list you are researching is from January, 2016. 13 months have

13 | P a g e National Surplus Funds Program


passed, out of the 18 months you can make a claim, in that State. That only leaves 5 months, so
we would not take that file.

This is also why a requested list – where you request it directly from the County or the Sheriff,
whoever is holding it, is usually the most recent and therefore the most valuable. Online lists
can be too old when you get them. Be careful, also, with lists that you buy, as they can be old,
or have too little time left for you to send to us for us to claim.

Use Google to find statutes, if we do not list the deadline date in our State list. Simply put in
the following in a Google search(not Bing, not Yahoo, Google):

Surplus funds claim (insert State name) - OR - Excess proceeds claim (insert State name) -
OR -

Overages claim (insert State name)

Make sure you can work the FILE:


Attached to your resources page will be a link to another page, where we will list every file we
are working, by State. You can search by file number (sometimes that would be parcel #), and
case name. Check this first before submitting a file. Obviously, if the file is already on the list,
you can’t work it. We function on a first come, first serve basis. There are no reserved
territories and there is absolutely no reason for us to take one file over another – except
someone turned it in first, done correctly.

This is a big deal, because if two folks are working the same list – happens fairly frequently,
especially if you both just used Google™ to find a list – and you submit a file, one of three things
will happen:

- You will be granted the claim on that file, because you filled out the paperwork
correctly, and you were the first one to submit that file.
- You will receive an email saying, ‘we received your file. However, we need you to
resubmit the file with the following changes’. As long as you do that, correctly, and are
the first one to do so, you will get the claim on that file.
- You will not be the first one to turn the file in correctly, and we will let you know that.

There is more information regarding this in the ‘File Submission’ section. Please understand
that you have to follow the directions for file submission, or we will reject the file.

14 | P a g e National Surplus Funds Program


Research – Determining ownership and debt against the property:
Ownership – The last owner(s) of the property just prior to the foreclosure or tax sale is the
person(s) entitled to the overage, IF there is no other debt against them or the property. The
last recorded deed for the property, before the foreclosure, will have the owner’s name.

We show you how to determine that in video(s) on the resources page, but you will need to
understand that there are many different types of deeds. Here is a list, more for your
understanding than for anything else – the deed holder(s) = claimant. But you will see different
types of deeds, so we have included those different types, below:

General Warranty Deeds or Warranty Deeds – in these types of deeds, the seller warrants that
there are no unknown encumbrances to the property and/or lists any encumbrances that exist
and asserts that only those listed on the deed are in existence. This provides a sort of warranty
against defective title, as a buyer could sue a seller if there was an undisclosed encumbrance
(debt or restriction on the property).

Special Warranty Deeds, Quit Claim Deeds, Bargain and Sale Deeds – these types of deeds have
no warranty or very limited warranty, to the buyers. It is basically an ‘as is where is’ type of
deed and the buyer is instructed that there may be debt or other encumbrances against the
property.

Administrator Deeds, Executor Deeds, Sheriff’s Deeds, Master Deeds – these are court created
deeds to facilitate the transfer of property. They can be used in a foreclosure and/or tax sale,
to transfer the property to the new owner.

Deeds of Taking – these are used in eminent domain situations, where a government entity
exercises their right for the ‘greater good’ to take a property (with fair market compensation)
from an owner, for use by the government. Usually, this is for road expansions, utility
easements, and even to take property for a government building or facility such as a jail. In
extreme circumstances, government entities misuse this to take property for instance, to grant
ownership to a developer, twisting the ‘greater good’ clause to mean that a shopping mall, for
instance, is in the interest of the greater good.

The bottomline is that a deed transfers ownership. We do not want you to delve too deeply
into this.

The grantor is the one giving the property to someone else. The grantee is the one receiving
the property. As a result, the person who is being foreclosed upon will have a deed that they
received when they first bought the property – at which point they are a grantee.

15 | P a g e National Surplus Funds Program


** NOTE – A Deed of Trust or Security Deed does NOT give immediate
ownership. They are another term used for a mortgage.
We will continue on deeds:

If the person listed as being foreclosed upon transfers their ownership via a deed, to someone
else before the foreclosure, they are no longer the claimant with a possible claim to the funds.
The one who has the deed prior to the sale is the claimant. Let’s give an example:

Bob Buyer purchases a property from Sal Seller, January 1st, 1980. Sal Seller, as the grantor,
gives a deed to Bob Buyer showing Bob’s ownership.

Bob lives in the home for 30 years, but stops paying real property taxes. In January 2014, the
County decides to foreclose on the property, selling it at auction to the highest bidder. A tax
sale auction is scheduled for July 15th, 2014.

Meanwhile, Bob decides to sell the property to Quincy Quitclaim. Bob sells the property to
Quincy and Quincy records the quit claim deed as the owner, July 1 st, 2014.

The County is owed $10,000 in back taxes and forecloses on the property July 15th, selling it for
$50,000.

There is now an overage of approximately $40,000. Bob is not entitled to those monies, even
though he is one listed on the overage list as the owner. The County does not update the
owner, and – understand this – the County is foreclosing on the property, regardless of who
owns it.

Now you understand why research is important!

So let’s take this a step further, using the above example.

If there was a mortgage or equity loan, etc, against the property at the time of the foreclosure
of the property, that entity is first in line for the surplus funds. Now, if the mortgage was for
$20,000, that would still leave $20,000 for the owner (last deed holder, Quincy Quitclaim) -
$40,000 in overage, less the $20,000 due the bank, leaves $20,000 for Quincy.

However, had that mortgage company been entitled to $80,000, there would be no overage for
Quincy. The mortgage company would be entitled to all of the surplus funds. This is why we
have a conclusion section on the title worksheet.

If there are no mortgages, you still fill out the conclusion to that effect, putting the owner at
the time of the foreclosure – NOT the new buyer – as first in line.

16 | P a g e National Surplus Funds Program


The priority of debt is determined by recording date. The oldest mortgage is first, the next the
second, until they are satisfied or cancelled. There is extensive video coverage of how to check
this and examples of mortgages being satisfied and cancelled.

We will depend upon your review of the title videos for you to gain understanding of how to
determine if there is debt, how much it is for, etc. We have found that videos are far more
effective at this.

Judgments are also entitled, in front of the owner, if they are recorded in the same County as
where the home is located, and if they have not expired. However, we will be checking
judgment debt for you.

Before we move on to submitting a file to us, it is important that you make note of the
following points, which we will also cover in the video training on the resources page.

 The deed may list an address for the deed holder(owner) that is a mailing address, NOT
the foreclosure address. This is why we have you also pull the tax information on the
property, especially with tax sales, where only a parcel i.d. number is often given as
reference. By doing so, the tax information will give you cross references that will
insure that you are researching the correct property: legal description, and often the
address.
 When you look at mortgages, aka deeds of trust, do not mistake the trustee as being the
creditor/mortgage holder/bank. The trustee is appointed as a representative. The bank
entitled is the beneficiary.

The above are common mistakes to avoid.

Submitting a file, and underwriting – How it works:


PLEASE read this carefully and follow it closely. The submission process is designed to help you
and us.

1. Put the case name in the header of your email. If the case name is different than
the owner(last deed holder), put in the case name. If there is no case name
given in your list, use the owner (last deed holder prior to the foreclosure) as the
case name.
2. Attach all information in one (1) attachment, with the title worksheet being the
first pages of the attachment. All documents must be in that one attachment.
The title worksheet is how we can tell we are looking at the next file, so it must

17 | P a g e National Surplus Funds Program


be the first pages of the attachment. We use Sperry software to automatically
open emails one after another and print the attachments.
3. Do not send links to web pages. We will not open links.
4. Do not use Google™ drive.
5. If you are using a screenshot, insert it into a document, after the title worksheet,
and attach that document. All screenshots, or photos must be legible. Again,
there must only be ONE attachment.
6. We only accept emailed files.
7. VERY IMPORTANT – Please read and review the 3 file rule on the resources page.
8. You will know that your file(s) are accepted because they will appear on the claim
list that is accessible from the resources page with your researcher name next to
it.
9. The claim list can take up to 3 business days for your file to be updated on it. It is
updated usually updated 3 to 5 times per week.
10. If there is an issue with your file – missing info, incorrectly filled out title
worksheet, etc – we will let you know, unless someone submits it prior to your
submission. If that happens, you will be told you did not get the claim, but we
will not underwrite your file.
11. If your file has an issue, we will let you know and you will be required to make
any/all corrections and to resubmit the file in its entirety again. Do not send just
the part that is incorrect, resubmit from scratch. If it is turned in correctly by
someone else prior to you submitting the file correctly, they will get the claim.
12. Updates: you can request updates from support, and you will be sent an update
on your files the following month, AFTER you have successfully submitted 20 files
that we have accepted. In addition, if a substantial amount of time has passed
since your last file submission, we will not honor feedback requests.
13. We will, of course, notify you as we get them under contract.
14. Submission department rules –
a. You submit files at paperwork@surplusfundsriches.com, as outlined
above.

18 | P a g e National Surplus Funds Program


b. Submission will not answer, ‘when did the other researcher turn in file?’.
We have no incentive to choose a researcher’s submission over yours,
and all docs are time stamped. If you think we are not being truthful,
stop working with us.

Support Rules –
1. Use the support tab on the website – surplusfundsriches.com – to open a support ticket.
Read the faqs section first, agree to terms, follow directions and submit it.
2. Support has 3 business days to respond, but usually gets back faster. Holidays do not
count in 3 days.
3. Do not attempt to go around the support system by asking questions on the company
facebook page, and open new tickets for new questions.
4. Do not attempt to go around support by calling Shawn or a member of the staff –
support is ticket operated only.
5. The following questions – yes, we received these before – will be ignored: i. questions
that are not specific to the program and could be answered by Google™ search - ‘what
does esquire mean’; ii. ‘what if’ questions - ‘what if claimant is in S. America and only
way I can get docs signed is by notary on a burro – we will ask if you have a case like this
and ask for proof of that, so as to avoid silly ‘what if’.
6. If you are disrespectful to support, he has full authority to no longer communicate with
you.
7. Support is there to answer questions about applying the system as it is written, not
provide ‘alternatives’ or to get you out of trouble because you attempted to apply the
system but used different documents, methods, etc.
8. Jeff is responsible for support and for underwriting your files. He has been with me over
10 years. I trust him with my money, my business, my kids. Do not be disrespectful to
him or attempt to throw him under the bus to me. He is fair and honest.

19 | P a g e National Surplus Funds Program


FAQ Section:
National Surplus Funds System, Frequently Asked Questions:

Question: I am having trouble viewing the surplus funds files being worked list.
Where is the page?

Answer: Starting on 8/6/19, we have decided to password protect the surplus referrals
list page where the link to the pdf list is. You must go to the National Surplus Referrals
page, refresh the page and click on the files being worked link as we have changed the
link. You will then have to enter the password “juliette” located on page 1 of the National
Surplus Funds ebook to access the page. The old page and list link will not work, they
have been deleted. We want to protect our surplus list from outsiders. We may in the
future change the link again. Thank you.

Question: The ex-owners are dead, but the files mentions possible heirs, Can I
work it?

Answer: No, we do not work files where the ex-owners are deceased. This is also stated
on the worksheet. You are welcome to work the file on your own.

Question: I cannot find a document called a foreclosure deed, why?

Answer: In most states you will not find a document specifically called a 'foreclosure
deed'. A foreclosure deed, also called a trustee deed or sheriff’s deed, gives ownership
to new buyer after the foreclosure sale or auction. The property is 'deeded' to the buyer
and they are now the legal owner. We will not accept any files that do not have a
foreclosure deed transferring ownership. In some states, it can take up to a year after
the sale for the foreclosure deed to transfer, mainly due to rights of redemption periods.

Question: Where can I find the sale date?

Answer: The sale date is listed on the sheriffs deed or 'foreclosure deed'. That deed will
sometimes give up to 3 dates, the judgement date, the sale date and deed date. We
want to sale date, make sure you read the deed to give us the sale date.

Question: What if I cannot find a mortgage release; do I have to assume it is still


open even if it has been a number of years? Also, can I estimate the balance
remaining?

Answer: If you cannot locate a mortgage release, satisfaction or cancellation, you must
assume that the mortgage is still open. You must account for it on the worksheet. We do
not want you to estimate the remaining balance owed, you are to write the amount listed
on the mortgage.

20 | P a g e National Surplus Funds Program


Question: What if I cannot access all the documents online? What if I can access
the documents and searches, but the court requires me to pay, do I have to pay?

Answer: If you cannot access required court documents or searches, then we cannot
accept the file. If the court has a paid search system, it is up to you if you want to pay.
We will not take any files with missing required documents or searches.

Question: Where do I go to submit files?

Answer: Go to the referrals page linked in your ebook, read the instructions. If you are
sending files to us, make sure you have all the information we require. Email all
paperwork to paperwork@surplusfundsriches.com do not open a ticket and send files,
support tickets are for ebook questions only. We only accept files via email, no fax or
direct mail.

Question: What is my commission for submitted files that your company


successfully retrieves?

Answer: We pay all our researchers 8% of gross collected funds. Example – If you
submit a file with $50,000 in total surplus and we are able to collect that entire amount,
we will pay you $4,000 (8% of $50,000).

Updates on Files
If you have submitted 20 or more accepted surplus funds files and have
submitted at least 1 accepted surplus funds file in the past 60 days, you may
request an update once per month by opening a support ticket and selecting
the "File Update" button.

We will send the file updates to you via email during the next month. Make
sure to send the request before the end of the month to get an update for the
current month. If your request comes after the end of the current month, you
will be put on the list for the next update on the following month.

If you have submitted a ticket for an update, and are not eligible for one, we
will not email you an update. We will notify anyone when we make a deal on a
file whether you have 20 files or less, but you will not get monthly progress
updates.

21 | P a g e National Surplus Funds Program


STEP BY STEP GUIDE TO WORKING NATIONAL SUPRLUS FUNDS FILES
In this section we will go over how to research and submit an acceptable file. There is also a
video with more detail on the national surplus resources and referrals page linked below.

http://www.surplusfundsriches.com/nationalresourcespagelea.htm

Please note this is an example from 1 county in OH. Not every county or file info will look
exactly like this.

STEP 1 – Get a list (covered in detail in the section above)

STEP 2 – Identify files to work

After you get a list from the county you can start working files. First you want to identify files
with surplus amounts over $20,000.

PLEASE REVIEW THE FILE RULES ON THE NATIONAL SURPLUS FUNDS RESOURCES AND
REFERRALS PAGE LINKED ON PAGE 1 IF THIS BOOK.

STEP 3 – Check the files being worked list

Next check the list of files being worked on the resources and referrals page. If the file has over
$20,000 and it is not on the list, you can begin research work on the file.

The file we are working for this example is in Franklin County OH, it is a file we received from a
researcher and we successfully retreived the surplus. The file is Mary Jo Monica and the surplus
from the list is $24,558.23

STEP 4 – Verify Funds

There are 3 ways to verify funds are still being held. First way is the call the court and
check. The other way is the check court case history.

Not every county will have this option, most will not. In that event, you will have to call the
county to check funds are still being held or you can use an updated surplus funds list as
long as its been dated within past 60-90 days.

22 | P a g e National Surplus Funds Program


Checking case history – Google Franklin County OH civil case search to see if you can view case
details and see if there are claims being made to the surplus.

Click on the correct option.

Enter the File or Case #

Now you can access the case details, check for claims. If the money is still there and there are
no claims, you can submit the file to paperwork. If there are claims, see what the claims are, if
it is a creditor and it still leaves at min $20,000 for the ex-owners, you can submit as well.

You will need to include a copy of the full case history report if you are using this as a way of
verifying funds. We will need to be able to read each line.

23 | P a g e National Surplus Funds Program


IMPORTANT NOTE ON CHECKING THE CASE HISTORY!
WHEN WORKING A COUNTY, ESPECIALLY MORTGAGE SURPLUS; PLEASE CHECK TO SEE
IF THEY HAVE AN ONLINE CASE HISTORY RECORD SEARCH. VERY IMPORTANT BECAUSE
IT MAY SHOW CLAIMS FOR THE SURPLUS/EXCESS PROCEEDS. WE ARE GETTING A LOT
OF FILES WITH FOLKS NOT CHECKING THIS.

PLEASE CHECK THE CASE HISTORY FOR THE FILE YOU ARE WORKING. AGAIN, NOT ALL
STATES AND COUNTIES OFFER THIS, BUT SOME DO AND A SIMPLE GOOGLE SEARCH
WITH 'COUNTY NAME AND COURT CASE SEARCH' SHOULD LET YOU KNOW IF THEY DO.
THIS IS MAINLY FOR MORTGAGE SURPLUS, MOST COUNTIES WILL NOT OFFER THIS FOR
TAX FORECLOSURE CASES. IF YOU SEARCH THE CASE AND IT SAYS THERE IS AN ACTIVE
CLAIM FOR SURPLUS, WE WILL NOT ACCEPT THE FILE. WE WILL CHECK YOUR FILES FOR
THIS.

IF YOU CAN CONFIRM WHAT THE CLAIM IS FOR, YOU CAN SEND IN NOTING THAT YOU
SEE THE CLAIM AND VERIFIED IT STILL WILL LEAVE MIN $20,000 FOR THE EX-OWNER.
FOR INSTANCE A LIEN HOLDER IS CLAIMING A SMALL PORTION OF THE TOTAL SURPLUS.

STEP 5 – Research ownership and debt

In this next step you will have to find the owners deed and any liens or mortgages that are
against the property. We call this step performing a title search. A title search is when we look
for ownership information (deed) any outstanding mortgages, liens or judgments.

We go into great detail in the sections above about different types of deeds and important
information. Please read those sections as well as the resources and referrals page, any
questions should be directed to support.

First find the county register of deeds or official records site. This is where you can search
deeds, mortgages and sometimes liens/judgments.

24 | P a g e National Surplus Funds Program


Search __________ county ____ state official records in Google.

Select the correct option. Go to to the owners search, use the name on the list to start. First
look for the deed, since this list does not have an address, we need to find the property that
foreclosed, then find the deed. Remember, you have to search debt on all parties listed as
owners on the deed before the sale.

Now that you are on the results list showing all recordings. Look through the list, find the
owners deed and start there.

25 | P a g e National Surplus Funds Program


Look at the deed, see who the
property grants/conveys to. This
section can be called grantor, or
party of the second part.

As you can see Mary Jo Modica is


the only name listed. She is the
only person you should search
debt for.

Deeds usually also listed parcel id#


and sometimes the address. This
can help you can look up address if
you are having trouble.

IMPORTANT NOTE ON DEEDS


YOU MUST INCLUDE A COPY OF THE DEED AT TIME OF FORECLOSURE, NOT THE BUYER
OR FORECLOSURE DEED. YOU MUST WRITE ALL OWNERS ON THAT DEED IN THE DEED
HOLDER(S) AT TIME OF FORECLOSURE. ALL PERSON(S) LISTED AS OWNERS ARE
ENTITLED TO SURPLUS FUNDS AND ALSO MUST BE INCLUDED ON THE CONCLUSION
PAGE.

WE WILL NOT WORK ANY FILE WERE YOU DO NOT INCLUDE A COPY OF THE DEED FOR
THE LAST OWNER AT TIME OF SALE. TYPES OF OWNERSHIP DEEDS INCLUDE,
WARRANTY DEED, QUIT CLAIM DEED, GRANT DEED OR SPEICAL TYPES DEEDS LIKE
BARGAIN DEED OR DEEDS THAT TRANSFER THROUGH A PROBATE OR ESTATE.

A DEED TRANSFERS OWNERSHIP OF REAL ESTATE. IT CONTAINS THE NAMES OF THE


OLD (GRANTOR) AND NEW (GRANTEE) OWNERS AND A LEGAL DESCRIPTION OF THE
PROPERTY, AND IS SIGNED BY THE PERSON TRANSFERRING THE PROPERTY. THE
OWNER AT TIME OF SALE IS THE GRANTEE ON THE LATEST DEED. YOU CAN'T
TRANSFER REAL ESTATE WITHOUT A DEED.

A DEED OF TRUST IS NOT A DEED - A DEED OF TRUST IS A SECURITY INSTRUMENT FOR A


LOAN BETWEEN A BORROWER AND LENDER.

26 | P a g e National Surplus Funds Program


Next step is to search for all mortgages. In this file there were 4 total mortgages, including the
foreclosing mortgage. When you see mortgages, also look to see if they have been released.
Any open mortgages count toward the surplus funds. If mortgages are released, you must
include a copy fo the release with the file. There is more information on mortgage releases on
the National Surplus resources and referrals page.

First Mortgage – Norwest Mortgage

Click the link to view the document.

Once you are viewing the mortgage


document, you can see all the details of the
loan.

The main items are loan amount and


address/legal to verify the loan is against
the correct property.

Look to see if the mortgage was satisfied or


is it still open. If satisfied or released, there
will be a release or satisfaction of mortgage
document recorded with the original doc
information noted.

Mortgage release

Open to view the details to make sure it is in fact a release of mortgage and a full release.

27 | P a g e National Surplus Funds Program


Read the release, you can see it is a full release and referenced the mortgage we just viewed.

Next fill out the mortgage information and details on the mortgage history page on the chain of
title worksheet.

Next do this for every other mortgage you see. There are 3 other mortgages (See the example
worksheet in Step 6), I am not going to walk you through each one, use the example above as a
guide.

After you finish this step, you can submit the file to paperwork, please review the National
Surplus Funds resources and referrals page to view file rules are proceedures. We also update
course information there as well as updated worksheets.

28 | P a g e National Surplus Funds Program


IMPORTANT NOTE ON MORTGAGE CANCELLATIONS
WHEN CHECKING MORTGAGE CANCELLATIONS, PLEASE READ THE CANCELLATION.
MANY TIMES AFTER A TAX SALE, THE MORTGAGE IS CANCELLED TO CANCEL THE LIEN
AGAINST THE PROPERTY SO THE NEW OWNER HAS CLEAR TITLE. THIS USUALLY
OCCURS AT THE TIME OF SALE OR SHORTLY AFTER THE SALE. THIS DOES NOT RELEASE
THE DEBT AGAINST THE FORMER OWNER. THIS IS EXTREMELY IMPORTANT BECAUSE
CALCELING THE DEBT ONLY AGAINST THE PROPERTY MEANS THE MORTGAGE NOTE
HOLDER IS STILL IN LINE FOR SURPLUS.

WE REQUIRE THAT YOU INCLUDE ALL CANCELLATION OF MORTGAGE NOTICES WITH


THE FILE WHEN YOU SUBMIT.

FORECLOSING MORTGAGES ARE SATISFIED BY THE SALE AND DO NOT REQUIRE A


RECORDED CANCELLATION OF MORTGAGE DOCUMENT.

Step 6 – Submit completed file to paperwork

See worksheet example in the next section. Make sure to read the National Surplus Funds
Resources and Referrals page regularly. Please pay close attention to the files rules.

We update content and if there are changes to the program, we will update it there.

The most recent and updated worksheets are found on the National Surplus Funds Resources
and Referrals page, make sure you are using the updated version of the chain of title
worksheet.

*Resources and Referrals Page for this Ebook – Videos, additional information –
http://www.surplusfundsriches.com/nationalresourcespagelea.htm

29 | P a g e National Surplus Funds Program


30 | P a g e National Surplus Funds Program
If no book and page available,
there will be a document
number or reference number.
Use that as we need a way of
verifying your information

Make sure note the mortgage


that is the foreclosing entity for
mortgage foreclosure sales. A
mortgage cannot be a
foreclosing entity for tax sales.

Only check this box if it is the


foreclosing entity.

31 | P a g e National Surplus Funds Program


32 | P a g e National Surplus Funds Program
33 | P a g e National Surplus Funds Program
Copy of the Surplus List
File# Amount Date Foreclosing Entity Owner

34 | P a g e National Surplus Funds Program


Owners Deed

35 | P a g e National Surplus Funds Program


Release of Mortgage

36 | P a g e National Surplus Funds Program


Release of Mortgage

37 | P a g e National Surplus Funds Program


Release of Mortgage

38 | P a g e National Surplus Funds Program


Foreclosure Deed

39 | P a g e National Surplus Funds Program


40 | P a g e National Surplus Funds Program
Copy of county offical records search

41 | P a g e National Surplus Funds Program


Copy case history report – show money still held and no claims.

42 | P a g e National Surplus Funds Program


43 | P a g e National Surplus Funds Program
Copy of tax assessors page for this property

44 | P a g e National Surplus Funds Program


END OF STEP BY STEP EXAMPLE

45 | P a g e National Surplus Funds Program


This ends the National Surplus Funds Program, From Home. The
‘traditional’ surplus funds program follows because this will also give
you the opportunity to work surplus funds locally, if you choose to do
that, and because this has the documentation that you would need to
work surplus funds recovery on your own, without us.

Please understand the following:


1. If you wish to submit files using the traditional system, you will be required to research
deed transfers, mortgages and other real property debt, and personal judgments
recorded in the courthouse against the owner(s)/deed holders at the time of sale.
2. This does not allow you to work States listed as off limits – Florida (we have a separate
program for Florida files), Colorado, Washington State, Oregon & Washington DC –
unless you physically go into the courthouse, using the traditional system that follows.

THE TITLE WORKSHEET IS ON YOUR RESOURCES PAGE, LINKED FROM THIS EBOOK

Resources and Referrals Page for this Ebook – Videos, additional information –
http://www.surplusfundsriches.com/nationalresourcespagelea.htm

46 | P a g e National Surplus Funds Program


47 | P a g e National Surplus Funds Program
Traditional Surplus Funds Program
GUYS – THIS IS FOR RESEARCHING IN YOUR COURHOUSE,
LOCALLY, ONLY. DO NOT APPLY THIS EBOOK TO THE
NATIONAL SYSTEM.
After reading the ebook in its entirety, and watching corresponding videos, support can be accessed at
http://www.surplusfundsriches.com, click on support, open a ticket. Please be sure to also read the
FAQ’s associated with the support system.

We recommend that you also like our facebook page - https://www.facebook.com/pages/Tax-Sale-


Millionaire/129248203922534, to stay up to date.

The page we update with new videos and additional information is a resources page for this ebook.
That web page is http://www.surplusfundsriches.com/coursevids.htm - This is for this traditional surplus
funds and estates ebook, NOT for the National System!!

We have completely revamped this ebook, for ease of use and understanding.

The ebook is broken down into 5 steps:

1. Overview of surplus funds and unclaimed estate (probate) money.


2. Getting a list from your local county(ies).
3. Initial research – information gathering.
4. Determining who is entitled to the funds.
5. Contacting claimant(s) and putting a deal together.
6. Retrieving the funds.

Copyright 2016 the-results-team.com, inc. All rights reserved. We protect and enforce our copyright.
You do not have the right to share, disburse, re-sell, or in any way distribute this ebook in whole or in
part.

Part One – The Overview:


Surplus funds:
Surplus fund are also called overages, remainders, excess proceeds, excess funds, surplus proceeds.

They are created at the point of foreclosure. Please understand that when we say ‘foreclosure’ we
mean any type of foreclosure – mortgage foreclosure, lien foreclosure, real property tax foreclosure,
home owner’s association foreclosure, etc.

48 | P a g e National Surplus Funds Program


Surplus funds come about when a foreclosing entity sells a home at foreclosure for more money than
the debt it is attempting to satisfy. For example, if Bank of America has a $100,000 mortgage against
the property, and sales price at the foreclosure is $130,000, there is a $30,000 overage. I am simplifying
this, as there are also attorney fees that are satisfied, late payment fees, etc.

Do not get caught up in tax lien sales, tax lien certificates, etc. Do not get caught up in upcoming
foreclosure, redemption periods, etc.

You are looking for only one thing – a list of overages generated from mortgage foreclosure (home
owner association foreclosures are usually lumped into these) and/or tax sale foreclosure. The property
has to be foreclosed on, and the deed transferred to another owner, in order for surplus funds to exist.

When these overages happen, the County court house notifies all parties with a possible interest in the
property – the last deed holder (last owner prior to the foreclosure), any additional mortgages or liens,
and even judgment holders against the last deed holder in some instances. Unfortunately, the County
notifies at the last known addresses.

Because the last known address of the last owner is usually the foreclosure address, the last owner prior
to the foreclosure does not usually receive the notification. And even if they do, they often throw the
envelope away because it is from the County and they just got foreclosed on, or they read the letter and
don’t respond.

They don’t respond because usually the letter is written something like this – ‘Dear xxx, your property
sold at foreclosure and there was an overage created. Consult an attorney to determine if you are owed
these monies and to make petition to retrieve them’. The ex-owner is broke, so that doesn’t happen.

Mortgage companies and lien and judgment holders also often do not respond. The most common
reasons are that it is not cost effective for them to take the chance to review the title work to determine
if they are owed the monies, or they have changed address or gone out of business and not notified the
court (most frequent reason).

Please see Determining Ownership to understand why it is important to research creditors and
lien/mortgage holders. The bottomline is that if there was an existing mortgage or judgment in force
against the owner at the time of foreclosure, they are entitled to the monies in front of the ex-owner.
Their claim to the property itself was wiped out, but the debt is still in force, and that entitles them to
the surplus funds ahead of the ex-owner.

In addition, it is important to note that in no instance is the new owner entitled to these monies. That
would not make any sense. If that were the case, investors would bid as high as they had to, to get a
property, knowing that they would get most of it back by simply claiming the overages after the sale. So
if there was a real deal out there – a $200,000 home being foreclosed on for a total of $5,000 in debt –
the investor would bid $1,000,000 or more, and then simply pick up the $995,000 overage after the
foreclosure. Not going to happen, never has happened.

49 | P a g e National Surplus Funds Program


Estate Monies – AGAIN, YOU CAN ONLY WORK THESE IF YOU GO INTO
THE COURTHOUSE – PROBATE DOCUMENTS ARE NOT AVAILABLE
ONLINE
These are also called unclaimed inheritances, probate monies, and even interpleaded monies. These are
created when a person dies and an heir cannot be located.

The only types of estate monies that we work are those where a will was in force naming who is
entitled, or when the court itself (through the help of another heir or executor) has determined who the
heir is.

Either way, the reason these monies are still being held by the court is that the heir could not be found.
In cases where the heirs are ‘undetermined’, we don’t work the case. It is too difficult to work an
unknown heir case, because it usually involved re-opening the estate file, and petitioning just to prove
who the heir(s) is/are.

Part Two – Getting a list from your local County(ies).


Before we talk about what to ask for, who to talk to, etc., it is important that you understand the
following:

1. These are lists, not files. This is an accounting of what the court has in their account(s) or has
sent to the State. Except in rare circumstances (see our list of states to see where your state
falls, or if we have additional information), you always get the list from the County.
2. Depending on who handled the foreclosure, the monies will be sent to one of three places – the
County Treasurer or Bookkeeper, the Sheriff’s department, or the State directly (very rare, this
will be discussed more in depth later). For estates, the estate or probate department, or
Chancery court, will have the monies and/or the list of monies held or collected.
3. This accounting list of the monies being held is public record. You are making a public record
request, also called a foia request, foil request, etc. You are not asking for anything confidential.

50 | P a g e National Surplus Funds Program


There are no black helicopters flying over the court house with elite tactical teams waiting for
you to request this material, so they can lock you up.
4. The Counties and Sheriff’s departments often have unprofessional, lazy people who do not want
to help you. It may take some time to get to the correct person that can provide a list for you.
5. There is usually a cost associated with the list. The court charges for copies.

We have provided a letter, that follows, that asks for the list. The best way to present this is in person,
at the court house. The best starting points of departments to go to are as follows(refer to the state list
to see if we have additional information for your particular state):

For surplus fund – mortgage and/or tax:

1. The bookkeeper for the court.


2. The clerk of the court.
3. The court treasurer or auditor.
4. Also check the Sheriff’s department!

For unclaimed estate funds:

1. The estate or probate department.


2. The Interpleader or prothonotary department – see state lists to see where this applies.

The following are Not departments that will be able to help you:

1. Register of deeds – they record the transfer and debt of property, Not overages.
2. Land Records – same as #1.

Public Record Information Request:


**PLEASE USE REQUEST FORM FOUND IN THE NATIONAL PROGRAM, THAT PRECEEDS THIS EBOOK

Notes on approaching and speaking with court personnel:

1. The criminals that are going for court appearances – the criminals – dress in suits. You need to
dress presentably.
2. Go with your ‘hat in hand’ (humble), but persistent.
3. If the person you are speaking with doesn’t seem to know what they are talking about, ask, “Not
to offend you sir/ma’am, but I’ve found in the past that with a request like this, there’s always
someone who has been with the court forever, and everyone goes to with questions. Is there
someone here like that?’. When they say yes, ask, ‘May I speak with him/her please?’.
4. If they ask why you want the list, tell them the truth. At this point you are doing research.
‘Right now, I am doing research to see what is there. I am not acting as a finder or locator. It

51 | P a g e National Surplus Funds Program


was my understanding that this list is public record. Is it public record?’. When they say yes,
‘Okay, then I am respectfully requesting a copy of this list.
5. If they ask how far back you would like to go(how many years), start with 3 years.
6. They may need for you to come back to pick up the list. You will need to have cash to pay for it.
Most courts, however, have an atm in the building if need be. Most lists, for a few years, do not
cost more than $50. If it is that high, then there is an amazing list to be had!
7. Standard misinformation you may be told, and how to answer it:
a. The court contacts the folks due this money, so there is nothing left. Answer: ‘Respectfully,
the court does not always find the folks owed this money. I am sure that it is rare, but I
would like to have a copy of what you have, however small of a list’.
b. We don’t hold that money. Answer: ‘I understand. I know the money can be held in a
separate account or escheated to the State. If the monies have been moved or transferred,
there should be an accounting record of that. I would love to have that list.’
c. You need to contact the State. Answer: ‘No, the state will often strip the list of case
numbers or assign an arbitrary number. But, if the escheat list – the list of funds that you’ve
sent to the State already – is easier to generate, I’ll take that’.
d. We don’t keep records of that. Answer: ‘Respectfully, you have to keep records of every
penny that comes through the court house. If you mean that you cannot break the list out
by type of monies held, that’s okay. I’ll take the whole list.’

Notes regarding the list:

1. You want a list that has case number, defendant (last owner prior to foreclosure) name(s), and
dollar amount of overage/monies held.
2. The case number or descriptor generally contains 3 parts – a year (2012, 12, etc), a letter
designation that tells the type of case (eg, in some states cv is civil, e is estate, etc.), and a
number denoting the number of the case for that year. We do not review lists. You need to
take that information to the court and open files, if the list is mixed, to determine what each
designation means.

The following States list has specific info, by State, where there is a different/unique way to claim a list,
or we have put in extra information that may be helpful. If there is no note next to the state, that
generally means that there is not special or different information available or necessary. Please also
check the resources page – http://www.surplusfundsriches.com/coursevids.htm - to see if there are
updates to this state info list. THIS IS FOR THE TRADITIONAL; GO TO THE COURTHOUSE SYSTEM, NOT
FOR THE NATIONAL SYSTEM.

PLEASE REFER TO THE STATE OVERVIEW FOUND IN THE NATIONAL PROGRAM THAT PRECEEDS THIS
EBOOK.

52 | P a g e National Surplus Funds Program


Initial Research – Information Gathering
Prior to researching who is entitled to the funds (title work) you need to do the following:

1. Choose the cases from your list that you wish to work. If you are going to be a researcher for us,
our minimum case is $10,000((FOR THE NATIONAL SYSTEM, THE MIN CASE IS $15,000), not
$9,999.99, $10,000.

2. Take the list of the cases you wish to pursue to check the following:
a. Put the defendant’s name in the public access computer to see if any cases come up under
their name. The foreclosure or estate case should come up. Check to see if there are any
entries to that case in addition to the initial estate entry, or foreclosure entry. If the person
has made claim, or is in the process of making a claim, there should be a court entry. Also, if
a mortgage company or lien holder is making a claim, the person who was foreclosed on
should have a mention in that case, as a defendant in that claim. So enter the name to see
what comes up. *Important – if judgments or liens come up, make a note to come back to
that in order to fill in the title worksheet correctly.
b. Ask the person who gave you the list whether or not it is updated. Also ask them to verify if
the funds are still being held, by case number.
c. Open the file at the courthouse. The physical, manila (usually) colored file. You will
normally be restricted to looking at the file in a set area, with a maximum number of files at
a time. You are opening the file to make copies of the following:
- Any documentation of the surplus funds. This usually takes the form of either an
attorney letter describing transferring the funds to the county, or a final accounting of
foreclosure from the court.**Be careful – the court may show the funds being
disbursed, but that was a disbursement to another court department or the state. So it
hasn’t been claimed!
- Any documentation showing the addresses the court sent notice of the foreclosure to.
The court will notify mortgage and lien holders, the ex-owner, etc. This helps you to
make sure you have all possible notification addresses, will give you additional possible
addresses for the owner(s) if they weren’t living there (helps a LOT in skip tracing!), and
will usually list mortgage/lien holders though without the amount they are do – an
excellent cross check for your title work later.
- Any documentation showing the foreclosure being granted(the court allowed it to
happen). This will have the plaintiff’s name, so you will know who foreclosed. This is
huge because even if the County foreclosed, they may have done so on behalf of a city.
You have to know, for sure, who actually foreclosed if for no other reason than to be
able to eliminate that debt (it was satisfied by the foreclosure) from your title work.
- If you are working an estate, you need to get a copy of the final accounting of the
estate, a copy of the will (if there is one), a copy of the court’s determination of who the
heir() is/are, and copy of the death certificate. The death certificate does not need to
be a certified copy. If there is no will, and there is no court determination of the heir(s),

53 | P a g e National Surplus Funds Program


then you need to pass on the case. Unknown heirs is a situation you simply don’t want
to work. Make sure that if there are multiple heirs listed with notification addresses,
and /or a document that says who the executor/executrix/administrator of the estate is,
you also copy that.

Determining who is entitled to the funds


This part is far easier than it appears. In fact, do yourself a favor at this point and stop reading this
section and skip to the next one. Then click on the link to the resources page – found on the first page
of this ebook, http://www.surplusfundsriches.com/coursevids.htm after reading the entire ebook – and
watch the video on title work. Then, read through this section. THAT RESOURCES PAGE IS FOR THE
TRADITIONAL SYSTEM, NOT THE NATIONAL SYSTEM.

Title work – the term certainly sounds daunting, doesn’t it? Well, it’s not. In it’s simplest form, title
work is putting debt against the property in chronological order, as well as debt against the individual in
chronological order. The only other thing you are checking is transfers of the deed, to make sure that
the last owner did not deed the property to someone else prior to foreclosure. But I am getting ahead
of myself.

I have included a title worksheet – follows, with notes on what you are going to enter. The worksheet
has been divided into 4 parts. Please don’t overlook that there is a checklist on the title worksheet of
documents that are also needed. The worksheet may look slightly different than our most updated
worksheet. Our most updated worksheets will be available at
http://www.surplusfundsriches.com/coursevids.htm

1. The initial research section (top portion of the worksheet).


2. The mortgage title work section.
3. The judgments/liens section.
4. The conclusion.

The worksheet is broken down into sections, below. Directions for filling it out follow the section, in red.
HOWEVER, the most updated title worksheet can be found on the resources page at
http://www.surplusfundsriches.com/coursevids.htm THIS IS FOR THE TRADITIONAL SYSTEM, SEPARATE
FROM THE NATIONAL SYSTEM, WHICH HAS A DIFFERENT PAGE.We update this frequently, so the form
you use may look slightly different than the section below. Use the form on the resources page, please,
and do not alter the form. There will be a different title worksheet form for mortgage and tax
foreclosures.

The initial Research Section – title work – this section is filled in from
the file at the court house.

54 | P a g e National Surplus Funds Program


PAGE 1 – SURPLUS FUNDS CHAIN OF TITLE FOR TAX FORECLOSURES
NAME(S) OF PERSON(S) OR ENTITY FORECLOSED ON _____ (a) _________________________
FILE OR CASE #/DESCRIPTOR __ (b) ___________SURPLUS AMOUNT ______ (c) __________
COUNTY ______ (d) ___________________ STATE____ (e) ____________
DATE FILE REVIEWED __ (f) ________ RESEARCHER________ (g) _______________________

DID YOU VERIFY THAT FUNDS ARE STILL BEING HELD?(YES / NO)HOW DID YOU VERIFY
THAT THE FUNDS ARE STILL HELD? ((put in name, title, number of person you spoke with))
_______ (h) ____________________________________________________________________

DID YOU PHYISICALLY OPEN THE FILE? (YES/NO)*IF YOU DO NOT ANSWER THE ABOVE
QUESTIONS, WE WILL NOT START TO WORK ON THIS FILE – NO EXCEPTIONS! IF WE FIND THAT
YOU ARE DISHONEST IN ANSWERING, WE WILL CEASE TO WORK YOUR FILES – NO
EXCEPTIONS!

FORECLOSED PROPERTY ADDRESS/LEGAL(Use Address unless its vacant land)


___________________ (i) _______________________________________________________
DATE FORECLOSED ___ (j) _____________
AMOUNT OF DEBT FORECLOSED ON______ (k) __________
FORECLOSING ENTITY ___________ (l) ____________________
_________________________________________________________________________.

Information on filling the form out – letters below correspond to letters () above:
a. This will be the name on the file, and on your list. The defendant was foreclosed upon.
b. File or case#/descriptor. In some areas (rare), a parcel id # is used instead of a case
number. This is rare, however.
c. Surplus amount – confirm this with court documents, and/or the person who gave you
the list. Important – if a claim was made against a portion of the surplus funds, you will
need to tell us that, and will have to adjust this amount accordingly. Sometimes, there
are $50,000 in surplus funds but there was a $30,000 equity loan that claimed their
portion, for example, leaving $20,000.
d. County where foreclosure was conducted.
e. State where foreclosure was conducted.
f. Date you reviewed the file and completed the title work.
g. Your name.
h. If the department was unable to verify funds, or they simply won’t, put in the contact
that either verified funds or said they don’t do that, along with their title and name of
department they work in. Also, you have to verify somehow, that the funds have not
been claimed. Review the information gathering section on how to do this via the public
access computer, and let us know that is what we are working with.
i. The address of the property. The only time you should use the parcel i.d. here is if it
was vacant land and there was no address.

55 | P a g e National Surplus Funds Program


j. This is the date of the sale. Do not enter the date that the court said the foreclosing
entity could foreclose, enter the actual sale date. If you are unsure, come back to this
and enter the date that the deed was transferred to the auction buyer’s name, when
you review the mortgages/deed transfers, later on in this worksheet.
k. This is the debt that the foreclosing entity was attempting to collect. It will be listed in
the initial motion for foreclose, as well as in a final accounting of foreclosure or in a
letter from the attorney or county foreclosing saying how much was paid to the
foreclosing entity from the foreclosure.
l. This is who foreclosed. It will be the plaintiff in the foreclosure action. Be careful to
note here, if it was a mortgage, if the foreclosure motion mentions an assignment of
debt of any kind. This will be important later. For instance, if First Granite assigned
their interest in the mortgage (sold it) to Bank of America, and Bank of America is
foreclosing over that debt, and not another debt that was made directly to Bank of
America, then you need to know which debt was satisfied. This is why the first page of
the motion (or first two pages) is so important.

The Mortgage Title Work Section:


((Guys – understand that you need to look at the description on each document.
You are looking only at debt against the property that was foreclosed on that
created the overage. In many instances, folks will own more than one home.
Don’t include debt against another property!!))

MORTGAGE HISTORY/CHAIN IN ORDER STARTING WITH EX-OWNER’S


FIRST MORTGAGE ON PROPERTY

FIRST MORTGAGE ON PROPERTY (a):


NAME OF MTG HOLDER _________(b)_________________ ORIG. AMOUNT____(c)__________
DATE RECORDED ___(d)_____ BOOK _____(e)___ PAGE_____(f)___ LOAN # _______(g)________

56 | P a g e National Surplus Funds Program


SATISFIED/PAID OFF - ? IF SO, DEED BOOK/PAGE REFERENCE: _______(h)______________

SECOND MORTGAGE ON PROPERTY: (i)


NAME OF MTG HOLDER _______(j)__________________ ORIG. AMOUNT_____(k)______
DATE RECORDED ____(l)____ BOOK ____(m)____ PAGE___(n)_____ LOAN # ____(o)________
SATISFIED/PAID OFF - ? IF SO, DEED BOOK/PAGE REFERENCE: ________(p)_____________

a. This is the first mortgage that the owner took on the property when they originally bought it.
b. This is the entity listed as the beneficiary on the deed of trust or mortgage. It is not the servicer, or
substitute trustee. Usually, this will be a bank or mortgage company.
c. This is the original amount of the loan. It may be listed on the deed of trust or the note.
d. This is the date that the court recorded the deed of trust or mortgage at the court house. It will be
stamped on the document. *Note – the date stamped on the document may be different than the date
that the document was signed. Go by the stamped date.
e. The court uses, usually, a book and page to reference deeds and deeds of trust and mortgages. This
should also be stamped on the document. The court, so you know, actually has books of copies of deeds,
deeds of trusts, and mortgages. It may be called ‘OR’ instead of book, or there may be a single number –
sometimes called mortgage numbers. Look for the court stamped info on the document itself.
f. Again, in most courts, there will be a book # and page #.
g. The loan number will NOT be stamped. The loan number is found on the first page of the note or
mortgage. It will be entered from the mortgage company itself.
h. If the mortgage is satisfied or paid off, it will be entered as such, and a new entry of the cancellation or
satisfaction, will also be recorded, usually with its own book and page reference. **If there is no
satisfaction or cancellation, you have to assume that the mortgage is still in force and unpaid. Just so you
know – the satisfaction/cancellation is often recorded after a re-finance happens. It will look weird,
because the new mortgage can be recorded before the cancellation/satisfaction of the old mortgage is
recorded. This is because the new mortgage – if it was a refinance – is paying off the old mortgage. The
attorney will send the payoff (check) of the old mortgage to the old mortgage company. It typically takes
at least a couple of weeks for that to be processed. Of course, if the next/new mortgage is an equity line
or a mortgage in addition to the other one(not replacing it), then the one recorded in front of it will not be
paid off.
i. This is determined by the date the document is recorded. It does not mean that it was a second
mortgage, it means it was the second mortgage taken out on the property.
j. This is name of the beneficiary – usually the bank or mortgage company.
k. Again, this will be listed on the note or mortgage, not the deed of trust (usually).
l. This is the date that the court recorded the deed of trust or mortgage at the court house. It will be
stamped on the document. *Note – the date stamped on the document may be different than the date
that the document was signed. Go by the stamped date.
m. The court uses, usually, a book and page to reference deeds and deeds of trust and mortgages. This
should also be stamped on the document. The court, so you know, actually has books of copies of deeds,
deeds of trusts, and mortgages. It may be called ‘OR’ instead of book, or there may be a single number –
sometimes called mortgage numbers. Look for the court stamped info on the document itself.
n. Again, in most courts, there will be a book # and page #.
o. The loan number will NOT be stamped. The loan number is found on the first page of the note or
mortgage. It will be entered from the mortgage company itself.
p. If the mortgage is satisfied or paid off, it will be entered as such, and a new entry of the cancellation or
satisfaction, will also be recorded, usually with its own book and page reference. **If there is no
satisfaction or cancellation, you have to assume that the mortgage is still in force and unpaid. Just so you
know – the satisfaction/cancellation is often recorded after a re-finance happens. It will look weird,
because the new mortgage can be recorded before the cancellation/satisfaction of the old mortgage is
recorded. This is because the new mortgage – if it was a refinance – is paying off the old mortgage. The

57 | P a g e National Surplus Funds Program


attorney will send the payoff (check) of the old mortgage to the old mortgage company. It typically takes
at least a couple of weeks for that to be processed. Of course, if the next/new mortgage is an equity line
or a mortgage in addition to the other one(not replacing it), then the one recorded in front of it will not be
paid off.

PAGE 3 – SURPLUS FUNDS CHAIN OF TITLE


JUDGMENT/LIENS HISTORY/CHAIN

CASE # _______ (a) _____________ DATE RECORDED___ (b) ______ ORIGINAL AMOUNT_____ (c) _________
CURRENT AMOUNT INCLUDING INTEREST ACCRUED, ETC. ___________ (d) ________________
Creditor ______________ (e) _________________________

a. This is the court reference case number or descriptor.


b. This is the date the debt was recorded. It does not mean the date the court granted the judgment or lien
– just as in mortgages, it is the date the court stamped the document. Often, in the court house
computer, this will list date of recording.
c. This is the original amount of the debt. In most cases, interest will apply, accrue or add up in addition to
the original amount.
d. This is the payoff, as of the day you are researching the debt. It will, 99.99% of the time, be more than the
original amount of the debt, because interest has added up against the debtor because they haven’t paid
it off.
e. This is the person or company that is due the money. It can be an individual, company or credit card
company like a bank, etc.

58 | P a g e National Surplus Funds Program


PAGE 4 – SURPLUS FUNDS CHAIN OF TITLE CONCLUSION
CONCLUSION – IF DECEASED, PLEASE CHECK ESTATE FILE AND INCLUDE ESTATE FUNDS WORKSHEET AND
DOCUMENTATION
((GUYS – THIS INCLUDES THE MORTGAGES AND THE JUDGMENTS, MIXED TOGETHER, PUT IN ORDER BY DATE))
__ (a) ___________________________ ARE FIRST IN LINE FOR FUNDS CURRENTLY DUE
AMOUNT:_____ (b) ________________ ((this is debt amount. Put actual debt amount in, NOT surplus amount))

____________ (c) _________________ ARE NEXT IN LINE FOR FUNDS CURRENTLY DUE

a. This is the creditor that has debt first – determined by date – against the last owner of the property
prior to the foreclosure.
b. This is the amount currently due to that debtor. Put the amount the creditor is owed, regardless of
how much the surplus funds amount is. In other words, if there is $30,000 in surplus funds being held,
and creditor is owed $100,000, don’t ‘cap’ it at $30,000 – put in the $100,000.
c. This is the next creditor in line. Enter the information as you did above.

PAGES FROM THE FILE THAT WE NEED – WITHOUT THESE WE WILL NOT WORK THE FILE.
**COPY OF THE FORECLOSURE ORDER OR PROCEEDING –ALSO KNOWN AS FINAL JUDGMENT
**COPY OF DISBURSEMENT SHEET OR LETTER SUMMARIZING MONIES IN SURPLUS/EXCESS.
**COPY OF ANY PAGES WITH NOTIFICATION ADDRESSES.
**COPY OF MORTGAGES OR JUDGMENTS STILL IN LINE FOR SURPLUS.

Guys – if you see a quit claim deed or transfer of a deed from the owner listed on the case to someone
else, before the foreclosure – we need to know that!! Some people transfer the ownership to someone
else thinking that this will stop the foreclosure. Instead, it means the last person who has the deed in
their name is due the money! Do NOT list that if the transfer of deed happened at the foreclosure – that
is normal, and is just transferring the deed from the ex-owner to the person that bought it at the
auction.

59 | P a g e National Surplus Funds Program


Contacting Claimants and putting a deal together.
This can be further divided into three different steps:
a. Finding and making contact with the claimant.
b. Using a two step process to come to terms – negotiation.
c. Sending the forms to ‘lock down’ the agreement.

Finding and making contact with the claimant.

If you’re serious about this business, you are going to want to have a system for finding people. The
system, program that we recommend is microbilt, found at microbilt.com. You certainly don’t have
to do this, and can try to work the program and find people without a system like this, but microbilt
will make your job way easier.
The person to contact at microbilt is Randy Mosteller, at 866-538-9815,and tell him you are working
with Shawn Buige or Greater Good Company. Sign up as a judgment recovery company.

You will need to have a checking account in a business name. That does not mean that you have to
have a corporation or LLC. You will have to go to your court house and get a dba or fictitious name
account. Tell the folks at the court you want to run a sole proprietor business, and you have to
register the company name. They’ll tell you what to do. Should cost you $15-$30. Take a copy of
that form to your bank and open a business checking account in that name.

Do not use ‘surplus funds’ or ‘excess proceeds’ in your name. Instead, use asset recovery. You don’t
want to tell them where the money is, with your name.

Okay – here’s how to find and attempt to make contact with folks, if the ex-owner is due the funds.
If a bank is owed, most will not work with you. Judgment holders and lien holders generally will:
1. Facebook – if ex-owner is due– open a facebook account as an individual, with you working for
the company name you wish to use. Run searches for the name. Send the following email out
to them:
- Hello! My name is ((insert you name)), with ((company name)). I am an asset recovery
professional, and believe I have located unclaimed funds due to you. I am not a debt
collector. Please contact me at your earliest convenience at ((your phone)).
Respectfully, ((your full name)).
2. Facebook – if judgment or lien holder is due – open a facebook account as an individual, with
your working for the company name you wish to use. Run searches for the name or business
name. Send the following email out to them:
- Hello! My name is ((insert your name)), with ((company name)). I am an asset recovery
professional, and I believe I have located funds you are entitled to, as a creditor. The
debt was against ((owner’s name)). I can either buy this debt from you, or can help you
collect the funds for a referral. The amount of funds I believe I can collect is ((surplus
amount that the judgment/lien holder can collect)). I can offer you ((put in a dollar
amount, usually 10%)) to purchase the debt from you, pay the attorney to collect and
pay all court costs and take all risk myself. Or, I can pass on all information to you
regarding how you can collect the funds, for 25% of the gross amount you collect. In

60 | P a g e National Surplus Funds Program


that case, you hire the attorney, pay the court fees, and pay me when you are successful
in collecting the funds.
Note – if the judgment/lien holder is a company, you can often find them with a simple
Google™ search.
3. Microbilt – if ex-owner is due - plug in the foreclosure address and the name of the person that
got foreclosed upon ((if the person who was foreclosed upon transferred the deed to someone
else prior to the foreclosure, then go after the last deed holder instead)). Microbilt will give you
the possible phone numbers and addresses of the person, as well as for their possible relatives
and associates. Send the following postcard out and make the following calls to the claimant,
and to their family/associates:
- Calls:
If you are calling the claimant, and not an associate or family member:
‘Hi, is this ((claimant’s name))? Hi ((claimant’s name)), I’m ((your name)), with ((name of
your company)). We research unclaimed funds from estates, and municipal, state and
federal government courts. As a cross reference, did you used to use property at
((foreclosure address))?
[If yes, and you are going to work as a researcher and send to us] Great – I work with a
national recovery company called Greater Good Company. I will have someone contact
you with the details of the funds we have found. The address that I have on file is ((their
current address that matches the number)). Is that correct? [If yes – Great, I will have
the greater good company contact you in the next few days].
[If yes, and you are working this program without us] Great! We concentrate on
recovering funds for folks, that are over ((minimum dollar amount you want to work –
we don’t work anything under $10K)). I will send a consent agreement out in the mail
that allows us to do further research, determine the exact amount of the money being
held, doublecheck to make sure creditors can’t claim the money, and get back to you
with an offer. Couple of things – The buyout offer we make will be based on how much
risk we have in the retrieval, how much it will cost us to get the funds out, and how long
it will take to get the funds. We don’t charge you anything to do this, and we don’t ask
for your social security number. We should be able to get back to you with an offer in a
couple of weeks. Don’t buy anything based on this call, because we have to
doublecheck the money is still available, and don’t lose our contact information. If we
don’t call you back within 2 weeks of when we receive the consent agreement back,
please call us back. We want to work with you, but have a lot of cases working and can’t
chase folks down. Okay, what’s the best address to send this to?’
If you are calling a family member or associate:
‘Hi, this is ((your name)), with ((your company name)). I’m trying to reach ((claimant’s
name)). Is he/she available?’ [if yes – use script above and speak with them]. If no –
‘I’m trying to reach ((claimant’s name)) because my company has identified unclaimed
money due to them. Do you know how I could reach them?’ [If yes, take down the info,
thank them, and contact the claimant]. If no – ‘Thank you for your time, I will take your
name off the list.’
If you reach an answering machine –
‘Hello. My name is ((your name)), with ((your company name)). I am not asset recovery
specialist and I am trying to reach ((claimant’s name)). I am not a debt collector. I am
attempting to reach ((claimant’s name)) to discuss the recovery of unclaimed funds we
believe belong to him/her. Please give us a call at ((your number)), between the hours
of ((hours to call you)), ((time zone)). ‘

61 | P a g e National Surplus Funds Program


If they call back on an answering machine call or from a mailing, use the script above
this for when you contact someone.
The consent agreement – send to claimants first, before calling back. You don’t care if they actually
return this, as it is mostly to get them in the habit of signing agreements for you, and it takes away a
great deal of the initial, ‘This has to be a scam’ mentality.

To: ((Claimant’s name))


Fr: ((your name and your company name))
Re: Consent agreement

It is agreed that ((claimant’s name)) hereby allows ((your name and


company name)) to conduct further research into unclaimed funds that
((your name and company name)) believes belongs to ((claimant’s
name)). ((your name and company name)) has permission to ask
municipal, state and federal courts, as well as
probate/estate/chancery courts and insurance companies, for additional
information regarding these funds for research only.

It is also agreed that ((your name and your company name)) will call
back ((claimant’s name)) with additional information regarding these
funds, and make a buyout offer, after disclosing the amount being
held.

It is also agreed that at no time will ((your name and company name))
charge any fee for this service, or any fee for recovering the funds,
should they prove to still be available.

Signed ___________________________ Dated ______________________


((claimant’s name))

This form does not have to be notarized.

The postcard that we use trying to reach folks follows. Note – you can use the RightfulOwnerProject.org
symbol ONLY if you are a rightfulowner.org member. Membership is $99/year and the credibility is very
high – we have had folks tell us it ‘cinched the deal’. You are allowed to tell folks you will have us call
them – the Greater Good Company – only on calls. You cannot use our name in mailings.

This postcard format can be found on vistaprint.com. Insert the information from the postcard below –
substituting your information, of course, and do not use the RightfulOwnerProject or BBB logos without
being a member of each organization.

Always address every mailing to the claimant, even if you are sending it to an associate or family
member. This is because they will also forward it, and you now have a reference point for if they call in
– you can find the correct file.

Always review returned mail. Often, the forwarding address has expired, but the post office still puts
the forwarding address on the mail when they return it to you. In addition, use the returned mail to
cross off addresses you are attempting to use to contact the people. Always hand address the mailings,
and use a regular postcard (or standard) stamp when you mail.

62 | P a g e National Surplus Funds Program


63 | P a g e National Surplus Funds Program
Once you have contact, send the consent agreement. Even if you do not get this back, call them in 2
weeks. The 2 weeks is key, because you want them to check the state unclaimed lists, and other online
sources. They won’t find the money, and now they understand that you have value.

When you contact claimants, this is the script to use to put the deal together (remember that you have
already spoken with them and verified they were the owners of the property, and given them a couple
of weeks to try to find the money themselves):

Hi, ((claimant’s name)). Hi, this is ((your name)) with ((your company name)). We’ve had a chance to
review the file. It looks like the amount we can recover is ((actual amount the claimant can claim)). I am
going to have to pay an attorney and court costs, and take the risk that we can even retrieve this. I can
offer you ((total amount you are willing to offer them out of the total retrieval)), with ((dollar amount of
initial portion of structured buyout)) upfront.

You want us to retrieve the money?

[Believe it or note, they will just accept it 70-80% of the time]


*Here are the percentages we offer (you give them a dollar amount offer) when looking at cases, with
the upfront payout we typically offer:
- $10-$20K – 10-20% total paid - $100-$500 upfront
- $20K-$30K – 20-30% - $250-$1000 upfront
- $30K-$50K – 30-40% - $500-$1000 upfront
- $50K+ - 40-60% - $1000-$2000 upfront

If they say no, or start to bicker over the amount, say:


‘I understand and respect your position. I have given you the best offer I can, given the risk, and costs
that I will have to take. Keep my contact information. If you change your mind, please don’t hesitate to
call me back. Thanks for your time.’ Hang up! They will call you back.

If they say yes, say:


‘Okay, I will have a mobile notary call you and schedule a time to have documents we need signed. We
will be sending a power of attorney agreement for our attorney, a buyout agreement with the terms we
specified, and a durable power of attorney to allow us to disburse the check. The notary will call you and
set up a time convenient for you. The notary will need to verify your identity so they usually ask for id – a
driver’s license and social security card are usually fine. If you don’t get a call from the notary in the
next few days please give me a call.’
‘After we get the paperwork we will start the process with the attorney, and can usually have the upfront
payment to you in a couple of weeks.’
‘Looking forward to working with you, ((claimant’s name))!’

The forms that we use to put a deal together follow. Notes:


1. The structured buyout agreement is between you and the claimant. It does not have to be
recorded at the court. The attorney you use will want to use it, because they will use that to
break out the funds, if they are willing to use their trust account to do that. It is not a part of the
attorney’s petition to retrieve the monies, because the attorney is retrieving the funds in the
claimant’s name.
2. The durable power of attorney allows you to open a checking account in the claimant’s name,
and cut checks from the account. This is huge, because the attorney may not be willing to use

64 | P a g e National Surplus Funds Program


their trust account to split out the monies. The bank is going to want the social security number
of the person or persons that you have a durable power of attorney for. Again, this is a reason
to get microbilt. One search in microbilt gives you the last four of their social, and another gives
you the rest of their social.
3. The power of attorney is between the claimant and the attorney you choose. You will need to
have the attorney review this, as they will want to change verbiage and tweak it.
4. We have the mobile notary copy – or take a clear picture of – the social security card and the
driver’s license. Because we have already entered the social security number into the
agreements, they feel comfortable having us give a copy as confirmation. Mobile notaries can
be found by simply googling™ ‘mobile notary’ followed by county and state the mobile notary
will have to be in to visit the folks. We pay $100 – twice the average – for the mobile notary to
work quickly and to send us the forms back using our fedex number. You may want to save
money and have them regular mail it to you, and can probably pay as little as $50.

65 | P a g e National Surplus Funds Program


Structured Buyout Agreement:
UNCLAIMED FUNDS BUYOUT AGREEMENT
Sale of Rights and Interests

This Agreement between ((your name and your company name)), asset recovery
professional (ARP and ((claimant’s name)) (Original Claimant or OC); shall be binding and
inure to the benefit of both parties.

Whereas, ARP has identified unclaimed funds held by a third party which it reasonably
believes OC may have the right to claim in whole or in part; and

Whereas, OC has not made any attempt to claim such funds; and

Whereas, the parties acknowledge and agree that OC’s right to claim such funds constitutes
an expectancy that may produce significant, minimal or no future cash value; and

Whereas, OC acknowledges and understands that ARP enters into this Agreement with an
expectation of making a profit; and

Whereas, OC acknowledges that he/she has been advised of the desirability of seeking and
has been given a reasonable opportunity to seek the advice of independent legal counsel
regarding this Agreement; and

Whereas, OC acknowledges that he/she does not have sufficient information about the
unclaimed funds to make any determination as to whether they in fact have any right to
claim such funds; and

Whereas the parties have mutually agreed that is in the best interests of both parties to
enter into this Agreement;

Now, therefore, the parties mutually agree that:

1. OC hereby conveys to ARP all of its right, title and interest in and to such unclaimed
funds, up to a maximum amount of $((amount being held)) (which is the amount believed
to be held by the court and due to the OC). Any monies collected above this amount are to
be paid to OC upon receipt.

2. In exchange for such rights, title and interest, ARP shall pay to OC the sum of $((total
dollar you will pay them)), payable in installments as follows:

a. $((upfront amount)) due and payable with two weeks of execution of this
Agreement, which amount shall be non-refundable.

66 | P a g e National Surplus Funds Program


b. $((the rest of the payments)) due and payable immediately following the court
approving the release of the funds, which amount shall be nonrefundable.

3. OC understands that OC is selling all rights and interests in and to such to such
unclaimed funds that OC may have. OC agrees that the amount shown in section 2 above is
reasonable and acknowledges that it is in no way unconscionable, particularly in light of
the facts that ARP is paying over funds to OC without any guarantee that OC will
successfully claim the unclaimed funds, that OC will benefit from the possession and use of
such funds prior to completing a claim for the unclaimed funds, that ARP has contributed
its experience, skills and insights, all of which OC does not possess, in order to locate and
identify the unclaimed funds and to locate OC and notify OC of the existence of the
unclaimed funds, and that ARP is assuming all risks of loss of the initial non-refundable
payment as described above. OC hereby waives any and all rights to bring an action against
ARP on the grounds that the amount of consideration paid by ARP is insufficient or
unconscionable.

4. ARP shall, in addition to paying the funds described above, assist OC in obtaining counsel
to assist OC with filing a Petition to claim the unclaimed funds, and shall provide such
additional assistance as OC and OC’s counsel may reasonably request in preparing a
Petition to claim the unclaimed funds.

5. OC makes no claims and gives no warranties to ARP regarding any right OC may have to
claim all or any portion of the unclaimed funds.

6. In the event that OC has not successfully claimed the unclaimed funds within one year
after execution of this Agreement, or if at any time during the term of this Agreement a
third party successfully claims all or some portion of the unclaimed funds, ARP may, at its
option, terminate this Agreement and demand payment from OC of all refundable amounts
then paid to OC by ARP as per Section 2 above. In the event that ARP elects to terminate
this Agreement, OC shall pay over to ARP all refundable amounts within ten (10) days of
receipt of ARP’s demand for payment.

7. OC hereby acknowledges and understands that ARP does not and shall not represent OC
in any legal capacity and that neither this Agreement nor any related document,
correspondence, or oral agreement shall be interpreted as to create a partnership, joint
venture, or attorney-client relationship between the parties.

8. OC acknowledges that they are entering into this Agreement without coercion, duress or
undue pressure or influence.

9. OC hereby acknowledges and understands that ARP has invested significant time, effort
and money in identifying the unclaimed funds and under the terms of this Agreement has a

67 | P a g e National Surplus Funds Program


vested interest in such funds. OC shall instruct their counsel to pay directly to ARP any and
all successfully claimed funds, up to the maximum amount first written above, within ten
(10) days of receipt of such funds, which payment shall constitute OC’s full performance
under the terms of this Agreement.

10. OC acknowledges that third parties, known or unknown to OC and/or ARP, may
attempt or be attempting to make claims to such funds by, through or under OC. To the
extent that such third parties successfully claim all or some portion of the unclaimed funds,
OC and ARP hereby agree that the total amount of payments due to OC by ARP under
Section 2 of this Agreement shall be reduced proportionally to the amount of funds
successfully claimed by such third parties.

11. This agreement shall be construed and interpreted in accordance with the laws of the
State of ((state where you are located)).

________________________________ Date_________________

Claimant Signature Claimant’s name ((typed))

State of _______________)
County of ______________)

Before me, ______________________, on this day personally appeared


, and acknowledged to me that he/she executed the foregoing instrument for the
purposes and consideration therein expressed.

Given under my hand and seal of office this _______ day of _______________, 20____.

_______________________Notary Public _______Date (OFFICIAL SEAL)

68 | P a g e National Surplus Funds Program


Durable Power of Attorney:

General Durable Power of Attorney


Effective Upon Execution

I, ((claimant’s name)), residing at ((their current address with state, zip)), designate ((your name))
and/or ((name of your company)) as my attorney in fact (my agent) to act for me as outlined in ‘2’
below. This document shall become effective upon execution and shall not otherwise be affected by
any future disability or legal incapacity.

1. Authority to Act. This power of attorney is effective upon execution. My agent is authorized to
act as indicated below in ‘2’ in my name, place and stead in any way which I could do if I were
personally present, to the full extent that I am permitted by law to act through an agent.

2. Powers of Agent. The Agent shall have the full power and authority to open, administer and
manage a bank account for the purpose of disbursing funds acquired from funds holders in my
name. The method, amount and delivery of said funds has been previously agreed to. Powers
expressly include the deposit and withdrawal of funds (by check or withdrawal slips), writing of
checks, and cashing of checks, in my name – related to the monies held in the case referenced
above, and closing the account.

3. Restrictions on Agent’s Powers. My agent is restricted, expressly, as follows:

a. Cannot execute a will, a codicil, or any will substitute on my behalf;

b. Cannot change the beneficiary on any life insurance policy that I own;

c. Cannot make gifts on my behalf;

d. Cannot exercise any powers that would cause assets of mine to be considered taxable to our
agent or to our agent’s estate for purposes of any income, estate, or inheritance tax; and

e. Cannot contravene any medical power of attorney I have executed whether prior or subsequent
to the execution of this Power of Attorney.

4. Durability. The Agent shall be under no duty to act on my behalf and shall incur no liability to me
or to my estate for failing to take any action under this power of attorney if monies are not
retrieved from municipal, County or State Courts or governments.

5. Reliance by Third Parties. Third parties may rely upon the representations of the Agent as to all
matters regarding powers granted to the Agent. No person who acts in reliance on the
representations of the Agent or the authority granted under this Power of Attorney shall incur any
liability to me or to my estate for permitting the Agent to exercise any power prior to actual

69 | P a g e National Surplus Funds Program


knowledge that the Power of Attorney has been revoked or terminated by operation of law or
otherwise.

6. Indemnification of Agent. The agent named in this power shall not incur any liability to me for
acting or refraining from acting under this power, except for such agent’s own misconduct or
negligence.

7. Original Counterparts. Photocopies of this signed Power of Attorney shall be treated as original
counterparts.

12. Choice of Law. All questions concerning the validity and construction of this Durable Power of
Attorney shall be determined under the laws of ((state where you reside)).

___________________________________________ Date_________________

Signature ((claimant’s name, typed)) Soc Sec # ((claimant’s social))

Notarization State of ________________ County of ________________

On __________________[DATE], ((claimant’s name)), appeared before me and proved to my satisfaction


that he/she is the person whose name is subscribed to this Durable Power of Attorney, and
acknowledged the due execution of the foregoing instrument.

____________________________________ [Notary's Name]

Notary Public, __________________________[COUNTY, STATE]

My commission expires ______________.

70 | P a g e National Surplus Funds Program


Power of Attorney, between the claimant and the attorney:

LIMITED POWER OF ATTORNEY


I,, CLIENT/MEMBER, ((claimant name)), residing at ((claimant’s address)), being of legal age and mentally
competent, do hereby designate ((attorney you will use)), an attorney licensed by the state of ((state where
attny licensed)), as my true and lawful attorney-in-fact, only for the limited purpose of recovering monies
and/or property being held by the court.

Attorney shall have the following limited powers:


1. Execute any and all agreements related to making legal claim to funds held by the court
system;

2. Receive the check for the funds and/or property and use our trust account to disburse funds
for attorney costs and to satisfy any/all agreements in place;

3. Conduct all necessary ministerial and custodial functions as required and provide our
address to the court as your address for any notification or receipt of checks;

4. Prepare, sign and file any documents or forms and conduct notification as
described/required by the court, that may be required in these matters and to deal with the
Clerk of the Court and any other County or State court officer as needed, and

5. Represent me in all matters including but not limited to petitioning the court, relating to, or
as may be required for or necessary to, the successful recovery of the funds.

6. Provide any/all information required by the court necessary to claim the funds.

I authorize Attorney to manage my participation in and administration of my account. I hereby ratify


Attorney’s actions or inactions related to this Limited Power of Attorney.

This Limited Power of Attorney is effective upon execution and is not affected by my subsequent disability or
incompetence. I reserve the right to revoke this Limited Power of Attorney with written notice, if the special
proceeding is not in petition within three months of signing this agreement. I hereby indemnify and hold
harmless any person who, in good faith, acts under this Limited Power of Attorney or transacts business with
Attorney, or persons associated with Attorney.

This Limited Power of Attorney is made this _______ day of ______________________, 20___.

Client/Member:_______________________________________
(Signature) ((Client’s name, claimed))

On __________________[DATE], the above signed, appeared before me and proved to my satisfaction that he/she is
the person whose name is subscribed to this Durable Power of Attorney, and acknowledged the due
execution of the foregoing instrument.

_____________________ [Notary's Name]; Notary Public, ______________________[COUNTY, ST]

My commission expires ______________.

71 | P a g e National Surplus Funds Program


Okay, let’s assume that the ex-owner is not entitled to the funds, but instead a judgment or lien holder
is. In this instance, you have 2 ways to go after the funds:

1. You can buy the judgment or lien, record the assignment that they will give you at the court
house, and then go claim the funds AS THE CREDITOR. You are are now the creditor first in line
to receive the funds. The benefit to using this technique is that you can often buy the judgment
or lien for as little as 5%. Of course, you are looking at the amount you can retrieve, over the
amount of the judgment or lien. In other words, if it’s a $300,000 judgment and you can collect
$15,000 in surplus funds, you wouldn’t offer 5%. In that instance, you’d be paying $15,000 to
get $15,000, and would lose money after court and attorney fees.

2. You can work as a judgment recovery person. They assign the funds to you to collect. You have
an agreement in place to pay them a percentage. Usually, I would offer 50% of net, if there is
enough to go after. Net is defined as the total recovery amount, less any court and attorney
fees.

72 | P a g e National Surplus Funds Program


Buying the creditor’s judgment or lien:

ASSIGNMENT OF PROPERTY
This Indenture is made the _______ day of ________, 20__, between ((claimant’s name and
‘for’ business name)), (“Assignor”),with a mailing address of((claimant, judgment or lien holder’s
mailing address – do not use po boxes)) and ((your name and company name), (“Assignee”).

For value received ((claimant’s name and/or company name)) hereby transfers, assigns and
conveys, without recourse, or any representation, or warranty, express or implied, unto ((your
name and company name)), located at ((your mailing address – do not use po boxes)),
all its right, title, interest, powers, and options in, if any, for the Property and/or monies Due unto
him/her/them in Case No. ((the judgment or lien case number that granted the judgment or lien,
NOT the surplus funds case #)), in the court of ((name of court – superior or district, etc. where
the judgment or lien is recorded)) Court Division/Department of (name of court department – like
special proceedings, etc, where judgment or lien is recorded)), ((name of county)) County, State
of ((state)).

IN WITNESS WHEREOF, this assignment has been duly executed by the assignor the day and
year first written above.

Signed _____________________________________ Dated ________________


Creditor/Representative, Title Printed name ((printed name of person signing))

Notarized By: ______________________________ STATE OF ________________________


COUNTY OF ________________________
On the __________ day of ___________, 20__, appeared the above affiant, who being duly
sworn, did depose and say (s)he/they is/are in fact the Assignor,or the authorized representative
of, and is authorized to execute this assignment.

You do not have to put the dollar amount of the purchase in this document, or the dollar amount of the
judgment or lien. You are transferring ownership of the debt. Please check with the court to make sure
that the judgment has not expired. Most states have an 8-12 year drop dead date on judgments, some
shorter, and some longer.

73 | P a g e National Surplus Funds Program


Judgment recovery agreement –

In addition to having the creditor sign an assignment agreement – the agreement that preceded
this – you will want the following signed:

Asset Recovery Agreement


((Creditor’s name and/or business name)) ‘Creditor’
((Your name and company name)) Asset Recovery Specialist, ‘ARS’

Creditor agrees to the following terms and conditions regarding the recovery of monies
he/she is due:
1. Creditor enlists the help of ARS for the recovery of monies due creditor.
2. Amount of monies held is believed to be ((enter dollar amount of claim)). This will be
disbursed as follows:
Creditor is to receive ((percent agreed to)) % of net recovered funds. Net is defined as
gross recovered amount less any/all court and/or attorney fees.
ARS is to receive remainder.
3. In the event that there are more monies held than listed in ‘2’ above, the claimant will
also receive all additional monies held.
4. Claimant states that he/she has not received any funds in the amount listed in ‘2’ above.
5. Claimant agrees that he/she will not attempt to retrieve/recover set funds while ARS is
attempting to do so, up to six months from the signing of this document.
6. ARS is completely responsible for all costs associated with the retrieval/recovery of
these monies.

Signed _______________________________ Dated ____________________________

Printed name of Claimant ((print or type name of claimant))

Note – for mortgage retrieval, there is usually not a default judgment in place. However, you can have
the bank or mortgage company assign their note – also called a mortgage – to you. In addition, you can
use an asset recovery agreement with them. However, it is extremely difficult to get large banks or
mortgage companies to deal with you. Usually, the only time you will use this is with small, or regional
banks. Use the asset recovery agreement, as listed above.

For the assignment, it is best to ask the court for a copy of an assignment form. If they do not have one,
simply copy an assignment of mortgage or note from an existing case and paste in your information.
You will come across assignments of mortgages and notes in the normal course of your research.

74 | P a g e National Surplus Funds Program


Okay, now you have the agreements back, what do you do?
Petition
1. During the course of attempting to contact folks you should also have been contacting attorneys
in your area. The best way to find an attorney that can do this is to open a file where the funds
were retrieved. The attorney’s name will be in the file that successfully retrieved the funds.
Contact that attorney. We generally offer $750 for the retrieval – due when the attorney
successfully retrieves the funds, and we also pay the court costs associated with filing for the
funds upfront. In some states, where attorneys are rare that can do this, we pay up to 10% of
gross retrieval in addition to court costs upfront.
2. When we get the agreements back, we immediately have the attorney hire a paralegal to pull
the title on the property to doublecheck our title work. The paralegal generally costs the
attorney about $50 because the title is not certified – it is a ‘snapshot title’ of the debt against
the property just before the foreclosure was finalized. We pay the attorney $125 to have this
done quickly, and to review the abstract of title – the title summary the paralegal gives them –
to make sure that the title is right, and I’m working with the right claimant.
3. If the title was correct, have the attorney start the petition, and send the initial buyout check to
the claimant.
4. If you are buying a judgment or lien from a creditor, have the attorney doublecheck that the
judgment or lien you want to buy is first in line to receive the funds and then send out the check
to the judgment or lien holder. Record the assignment immediately, and then have your
attorney petition the court to retrieve the funds.
5. If you are buying a note or a mortgage, record the assignment of that note or mortgage, and
then have your attorney petition the court to retrieve the funds.
6. If you are working as a judgment recovery person, paying a judgment or lien holder a portion of
the funds, record the assignment with the court and then have your attorney petition to retrieve
the funds.

*Note – even if the county allows for retrieval without an attorney, use an attorney. We
can’t be any more blunt and upfront than this – if you are attempting to retrieve the funds
without an attorney, you are an idiot. The court gives attorneys more weight, pays out
quicker, and works as they should, with an attorney.

75 | P a g e National Surplus Funds Program


Cutting the Check:
Notes:

1. If you used an assignment with a creditor, the court should send the check out in your name, to
your attorney. The attorney can forward to you and you cash it and pay creditor’s their portion
and the attorney’s pay, or they attorney may use their trust account to split out the funds.
2. If, however, you had the attorney retrieve for a claimant, the attorney may or may not be
comfortable using their trust account to split out the funds. If not, they will send you the check,
made out to the claimant because you had the attorney claim it in the claimant’s name, and you
will have to deposit the check and cut the funds out. The durable power of attorney allows you
to do that with your bank.

76 | P a g e National Surplus Funds Program


Guys, that’ it!
Please go to http://www.surplusfundsriches.com/coursevids.htm ((FOR THE TRADITIONAL SYSTEM, NOT
THE NATIONAL SYSTEM – THE NATIONAL PROGRAM IS DIFFERENT))to find the most recent version of
each of these forms.
For support, please use the support system by going to http://www.surplusfundsriches.com, click on
support, open a ticket. Please review FAQ’s available there, as well.

To keep up with specials, please like our facebook page at: https://www.facebook.com/pages/Tax-Sale-
Millionaire/129248203922534

77 | P a g e National Surplus Funds Program


Premiere Surplus Partnership 16
Copyright 2020 the-results-team.com, inc. All rights reserved. We protect, enforce our
copyright. You do not have the right to share, disburse, re-sell, or in any way distribute this
ebook in whole or in part.

Welcome Aboard!!

Resources and Referrals Page for this Ebook – Videos, additional information –
http://www.surplusfundsriches.com/premiere16resourcespage.htm

Your password to view the resources and referrals page, course videos as well as
updates to course material will be - emmiegrace022719

Your password for viewing the surplus file list is - faithjuliette

IN THE EVENT OF A CONFLICT BETWEEN THIS PROGRAM AND INFORMATION ON THE ONLINE
RESOURCES PAGE, THE RESOURCES PAGE TAKES PRECEDENT/CONTROLS.

After reading the ebook in its entirety, and watching corresponding videos, support can be
accessed at http://www.surplusfundsriches.com, click on support, open a ticket. Please be sure
to also read the FAQ’s associated with the support system.

We recommend that you also like our facebook page -


https://www.facebook.com/surplusfundsriches, to stay up to date.

And, subscribe to our youtube channel – https://www.youtube.com/user/MrDeedflip

1|Page Premiere Surplus Partnership 16


Overview of Steps – how this program is organized:

1. Get a list and make sure that you can work it


2. Research debt against the property and ownership(deed transfers)
3. Submit the file with worksheet – found on the resources page linked from
this ebook – immediately after researching debt and ownership to make
sure you get on our central list of files, so 8% users won’t step on your toes.
4. Find the people
5. Call and speak with the claimants and make sure you have the right person,
right owner, they haven’t made a claim, and they’re willing to talk with us.
6. Re-submit the file this time providing supporting documentation.
7. There is additional information at the end of this initial content
8. The ‘working on your own’ program is also added at the end of this ebook,
so that you have the choice of also working the program on your own, using
our forms.

2|Page Premiere Surplus Partnership 16


Guidelines – Please read, as this will help you avoid making common mistakes:
1. Don’t get ‘obsessed’ with working a set State or County. This is a National program. If
you have difficulty getting a list from a particular County or State, support will not get
this list for you. You can work well over 2,000 Counties, Nationally, so move on.
2. Title work – filling out the title worksheet – is either right or wrong. There is no ‘gray
area’. There is no ‘oops, I didn’t see that’. It is very straightforward and relatively easy.
We expect you to make mistakes on a few files turned in, in how you turn it in.
However, take your time and you will not mess up on research. We will give you
constructive criticism. Remember – making a mistake in filling this out is unfortunate –
making a mistake over and over after we have pointed it out is a choice. Don’t make
that choice. Take your time, ask questions of support, don’t take shortcuts. The
submissions page will cover how to submit files.
3. There are a few things I have learned that I apply in running this business:
- My crew is fair, hardworking. I back them up. Don’t throw them under the bus.
- My dept heads have the responsibility of running their departments. Because they
have that responsibility, they have authority to make decisions. If you are working
with the submissions department or the underwriting/support department, their
decisions stand.
4. The rules are there for your benefit and ours. We don’t make ‘side deals’ or ‘special
deals’.
5. We are not finders. We buy folks out, retrieving in claimant’s name with an attorney, so
finder laws do not apply. If you are not comfortable working the program, don’t work it.
If you send in State Statutes regarding finder laws, we will ignore it. We will not take
files from Colorado, Oregon, Washington State, DC or Florida (FL is a separate system).
6. Please use support to ask questions, not share opinions, or check in. I appreciate and
respect that folks like to ‘touch base’ or give us updates on where they are. Please don’t
do that. Send us deals, and we will work with you. I further respect that many folks like
to know every possible outcome and ask ‘what if’ questions that are not even issues
with any file they are working – support is there to help you cross that bridge when you
reach it, not before.
7. Just like with the National Surplus Funds Program, we are going to want to see 3 files
submitted correctly and accepted before we ‘open the floodgates’ to unlimited file
submission. This is to help us both – this way we don’t work files that are incorrect, and
you don’t have to resubmit 10,20,30 files because you turned them in wrong.
8. If you have already worked files as an 8% researcher and wish to also try to find and
contact those claimants, you can do that. Let us know you are interested in doing that.

3|Page Premiere Surplus Partnership 16


Getting a List and Making Sure that YOU can Work that List and that File:
Getting a List –

There are two main types of lists to go after, in the majority of States. These lists are tax
overage lists – overages created as a result of property sold at tax sale – and mortgage overage
lists. Understanding what list you are getting is important. More information on the two types
of lists:

Tax overage lists – tax overages are created when a property is sold in order to satisfy
municipal debt. This can be City, County, etc debt. It can also include debts incurred by
departments such as code enforcement, and even school taxes (most notably in Texas, where
this is a frequent occurrence).

The type of debt being satisfied does not matter – school, City, County, etc. – but the property
must have actually been sold, in order for there to be an overage. In instances where investors
buy the tax liens or ‘certificates’, the property has yet to be sold. If you are unsure as to
whether or not an overage has been created, there is an extremely easy way to tell – has the
property been deeded to someone else? Finally, don’t get caught up in rules of ‘redemption’ in
redemption States. If it sold for more than the debt that was owed (included attorney/court
costs, which can be added in), and the deed was transferred at the time of the sale, there is an
overage. *Special Note – the only time you will have an issue here is if the deed has not been
transferred. That is why we have to get a copy of that transferred deed from you. If there is no
deed showing transfer of ownership to the buyer at the sale, don’t turn the file in. We can’t
pursue it yet.

With tax overages – tax overages only – you can also work tax deed sale result lists, where you
have both the opening bid (which would be the taxes owed) and the highest bid. That will give
you an overage amount to work with – highest bid, less the opening bid. Of course, you still
have to research debt against the property because any other debt in place prior to the sale –
mortgages, equity lines, etc – has a priority claim to their portion of the overage before the
owner who owned it at the time of the sale.

Mortgage overage lists – mortgage overages are created when a property is sold in order to
satisfy consumer, or commercial, debt. For our purposes, this includes but is not limited to:
mortgages (aka deeds of trust), Home Owner Association dues, Condo Association dues, liens,
judgment creditors, etc.

Note – with tax overages you can NOT assume that the difference between the high bid and
opening bid is an overage. Mortage co’s sometimes start the opening bid at less that they are
owed.

4|Page Premiere Surplus Partnership 16


It should be noted that of the two main types of lists – tax overage vs mortgage overage – the
mortgage overage lists have two main advantages:

- Mortgage overages tend to be held in perpetuity (forever), by either the County or the
State. In other words, in most States, there is no drop dead date to make a claim for
these monies. That’s a big deal. Don’t be misled – even if the monies have been sent to
the State, they are still open to be claimed in the vast majority of States.
- There is very little competition in mortgage overage recovery, versus tax overage
recovery. This is partly because, of course, the tax overage lists are easier in many cases
to get – so folks follow the path of least resistance.
- ** Special note – often, if you read the most recent statutes dealing with claiming
overages, it will say something to the effect of ‘only the last owner prior to the sale can
claim these monies’. That does not mean that judgments or mortgages are kicked out.
That means that a third party cannot claim the funds in their name. This is another
reason folks come on board with us – we retrieve in the claimant’s name and either
have the attorney break out the check from a trust account, or we have it forwarded to
us and we cash it.

In the vast majority of States, the money is held by the same department that held the sale on
the property. So if the clerk of the circuit court conducts mortgage foreclosures – that’s where
you start. Same with if superior court holds the sale, sheriff holds it, etc – tax or mort overages.

So, you can either ‘shotgun’ your approach to get the lists, or you can do a little research into
who holds the sale, and get a list from them.

We give you an overview of insights we have gained over the years, in different States. This
can, of course, be extremely helpful. But you should also do your own research, because States
do change their statutes (laws) regarding the handling of tax and mortgage overage. Those
changes can impact who holds the money, and therefore who has the list of monies being held.
If there are no notes on a State that means there is nothing different or ‘tricky’ about it, or it
means we have not worked that State yet.

In the State Information/Notes list that follows, we have provided as much info as possible.
However, in some states, there have been recent changes or we simply have not worked that
state in the past.

5|Page Premiere Surplus Partnership 16


State Information/Notes:
Please note this information was gathered when this book was originally written (2015), laws
and procedures for each states can change year to year. Please make sure to check the state
statutes prior to working files.

• Alabama – you can get lists online from some Counties, and, here’s the odd part – the lists in many of
these are held by the probate department. Yes, that is odd. You have 3 years to claim tax sale overages
- Further more (Sec. 40-10-28) says that if such tax sale proceeds, overages, or excess funds are not
requested within (3) three years after the sale of the property such money shall thereafter be treated as
part of the general fund of the county. Do not send us a file where the tax sale happened over 2 years
and 6 months ago. For tax overages, in Alabama, it is often called an ‘excess bids’ list
• Alaska – courts are broken down by boroughs. You need to call/email around, as there have been lists
found for tax overages both on the county(borough) level, and – believe it or not – the State level. The
tax overage list can be called the ‘tax foreclosure outcry auction results’.
• Arizona – Most lists are online and overworked as a result, as they are easy to find by everyone.
Arkansas – Commissioner of State Lands can provide a state wide list. Will be called an ‘excess proceeds’
or ‘excess proceeds turnback’ report.
• California – very difficult to get online records without spending an extraordinary amount of money. Easy
to get a tax sale list from the tax collector for the County, called excess proceeds. There is a one year
claim period for tax overages. So we will only take researched files from tax sales if the tax sale occurred
1 day to 6 months ago. If the file is over 6 months old, don’t turn it in. Claims are made within the year’s
time and reviewed at the end of the year. There is some disagreement as to when the one year mark
starts. It can be viewed as one year from date of tax sale, or one year from date of deed transfer.
Because some Counties move extremely slowly, using the deed transfer date can add 3 to 6 months to the
potential claim period. Mortgage overages are first held by the foreclosing entity, who can disburse the
funds without the court’s intervention. Then, the foreclosing entity deposits surplus funds with the County
Clerk – add the following to your request letter/email for best results: Specifically, California Civil Code
Section 2924j addresses the surplus funds issue: (a) Unless an interpleader action has been filed, within
30 days of the execution of the trustee's deed resulting from a sale in which there are proceeds remaining
after payment of the amounts required by paragraphs (1) and (2) of subdivision (a) of Section 2924k, the
trustee shall send written notice to all persons with recorded interests in the real property as of the date
immediately prior to the trustee's sale who would be entitled to notice pursuant to subdivisions (b) and (c)
of Section 2924b. The notice shall be sent by first-class mail in the manner provided in paragraph (1) of
subdivision (c) of Section 2924b and inform each entitled person of each of the following:(1) That there
has been a trustee's sale of the described real property.(2) That the noticed person may have a claim to
all or a portion of the sale proceeds remaining after payment of the amounts required by paragraphs (1)
and (2) of subdivision (a) of Section 2924k.(3) The noticed person may contact the trustee at the address
provided in the notice to pursue any potential claim.(4) That before the trustee can act, the noticed
person may be required to present proof that the person holds the beneficial interest in the obligation and
the security interest therefor. In the case of a promissory note secured by a deed of trust, proof that the
person holds the beneficial interest may include the original promissory note and assignment of beneficial
interests related thereto. The noticed person shall also submit a written claim to the trustee, executed
under penalty of perjury, stating the following:(A) The amount of the claim to the date of trustee's
sale.(B) An itemized statement of the principal, interest, and other charges.(C) That claims must be
received by the trustee at the address stated in the notice no later than 30 days after the date the trustee
sends notice to the potential claimant.(b) The trustee shall exercise due diligence to determine the priority
of the written claims received by the trustee to the trustee's sale surplus proceeds from those persons to
whom notice was sent pursuant to subdivision (a). In the event there is no dispute as to the priority of the
written claims submitted to the trustee, proceeds shall be paid within 30 days after the conclusion of the
notice period. If the trustee has failed to determine the priority of written claims within 90 days following
the 30-day notice period, then within 10 days thereafter the trustee shall deposit the funds with the clerk
of the court pursuant to subdivision (c) or file an interpleader action pursuant to subdivision (e). Nothing
in this section shall preclude any person from pursuing other remedies or claims as to surplus proceeds.(c)
If, after due diligence, the trustee is unable to determine the priority of the written claims received by the
trustee to the trustee's sale surplus of multiple persons or if the trustee determines there is a conflict
between potential claimants, the trustee may file a declaration of the unresolved claims and deposit with
the clerk of the superior court of the county in which the sale occurred, that portion of the sales proceeds
that cannot be distributed, less any fees charged by the clerk pursuant to this subdivision. The declaration
shall specify the date of the trustee's sale, a description of the property, the names and addresses of all
persons sent notice pursuant to subdivision (a), a statement that the trustee exercised due diligence
pursuant to subdivision (b), that the trustee provided written notice as required by subdivisions (a)and (d)

6|Page Premiere Surplus Partnership 16


and the amount of the sales proceeds deposited by the trustee with the court. Further, the trustee shall
submit a copy of the trustee's sales guarantee and any information relevant to the identity, location, and
priority of the potential claimants with the court and shall file proof of service of the notice required by
subdivision (d) on all persons described in subdivision (a). The clerk shall deposit the amount with the
county treasurer or, if a bank account has been established for moneys held in trust under paragraph (2)
of subdivision (a) of Section 77009 of the Government Code, in that account, subject to order of the court
upon the application of any interested party. The clerk may charge a reasonable fee for the performance
of activities pursuant to this subdivision equal to the fee for filing an interpleader action pursuant to
Chapter 5.8 (commencing with Section 70600) of Title 8 of the Government Code. Upon deposit of that
portion of the sale proceeds that cannot be distributed by due diligence, the trustee shall be discharged of
further responsibility for the disbursement of sale proceeds. A deposit with the clerk of the court pursuant
to this subdivision may be either for the total proceeds of the trustee's sale, less any fees charged by the
clerk, if a conflict or conflicts exist with respect to the total proceeds, or that portion that cannot be
distributed after due diligence, less any fees charged by the clerk.(d) Before the trustee deposits the funds
with the clerk of the court pursuant to subdivision (c), the trustee shall send written notice by first-class
mail, postage prepaid, to all persons described in subdivision (a) informing them that the trustee intends
to deposit the funds with the clerk of the court and that a claim for the funds must be filed with the court
within 30 days from the date of the notice, providing the address of the court in which the funds were
deposited, and a telephone number for obtaining further information. Within 90 days after deposit with the
clerk, the court shall consider all claims filed at least 15 days before the date on which the hearing is
scheduled by the court, the clerk shall serve written notice of the hearing by first-class mail on all
claimants identified in the trustee's declaration at the addresses specified therein. Where the amount of
the deposit is twenty-five thousand dollars ($25,000) or less, a proceeding pursuant to this section is a
limited civil case. The court shall distribute the deposited funds to any and all claimants entitled
thereto.(e) Nothing in this section restricts the ability of a trustee to file an interpleader action in order to
resolve a dispute about the proceeds of a trustee's sale. Once an interpleader action has been filed,
thereafter the provisions of this section do not apply.(f) "Due diligence," for the purposes of this section
means that the trustee researched the written claims submitted or other evidence of conflicts and
determined that a conflict of priorities exists between two or more claimants which the trustee is unable to
resolve.(g) To the extent required by the Unclaimed Property Law, a trustee in possession of surplus
proceeds not required to be deposited with the court pursuant to subdivision (b) shall comply with the
Unclaimed Property Law (Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of
Civil Procedure).(h) The trustee, beneficiary, or counsel to the trustee or beneficiary, is not liable for
providing to any person who is entitled to notice pursuant to this section, information set forth in, or a
copy of, subdivision (h) of Section 2945.3.
• Colorado – we will not work this state.
• Connecticut – The tax collector will deposit tax overages with the clerk of the court after the sale. Once
the monies from tax sales are deposited with the clerk of the court, there is a 90 day window to make a
claim – however, statues say we have 3 years. Don’t send anything to us older than 2.5 years. The tax
collector has some leeway to determine when they deposit the monies with the clerk of the court – so you
may want to attempt to get a list form the tax collector first. The pertinent statute, dealing with this
deposit, is CT general statutes 12-157(i). You will want to also contact the court for a mortgage overage
list. County holds funds for 90 days in general fund account and then transfers the monies to the
prothonotary of the county to hold for claims. Contact prothonotary for list.
• Delaware – Project rightful owner is an online program that allows access to sheriff sale information
including the overages being held. It is the superior court of Delaware that has online access links. There
is no time limit for tax sale overage claims. Instead of Counties, the state is divided into regional court
houses. As of this writing – January 2014, there are no finder limits or laws in place
• Florida – Unless you work this using the traditional system – going into the courthouse and doing research
there in person – or you have our Florida Remote system, we will not take deals from you here. *Note –
this is a State where the attorneys will not break out funds in their trust account. As a result, unless you
can cash third party checks using our custodian/durable power of attorney with your bank, you will not be
able to work Florida using our system on your own.
• Georgia – Counties often give out tax sale overage lists very easily. Getting a mortgage overage list is
harder, as they are not used to giving this out, and therefore they can easily feign lack of knowledge. Tax
overage list is called ‘excess funds list’. UPDATE – for tax overages, we have 5 years to go after the
funds. Don’t send anything in over 4.5 years old please. Also, you will be charged on a state wide level to
access the land records aka register of deeds department to access online deeds. It is a cheap cost +/-
$13/month.
• Hawaii – You can get lists from the state administrative office of the court. They are called unclaimed
warrants. The county tax collector will also often be able to provide a tax overage list. Do not send any
tax overage files to us that are older than 6 months.
• Idaho – Counties have excess proceeds lists. May want to mention Statute code – 31-808(2) in your
request for the list. Keep files submitted from tax sales to under 2.5 years because we have 3 years to
claim. The treasurer usually handles tax sale overages.

7|Page Premiere Surplus Partnership 16


• Illinois – Counties hold the tax overages. It is difficult to get any list from Cook County. Update: You
have 7 years from tax sale to make a claim. So don’t send us anything over 6.5 years old.
• Indiana – on tax sales, you have three years to claim. Do not send us in a file where the tax sale
happened more than 2 years and 6 months ago(we have 3 years to claim). You can ask for the ‘registry
and trust accounts with balances’ from the circuit court. The sheriff holds mortgage foreclosures and the
list is called the overbid list.
• Iowa - In the past, we have had success with asking for escrow account list. With mortgage overages,
that is where the funds are deposited.
• Kansas – one year to claim tax overages. Do not send us anything older than 6 months after tax sale.
The County Sheriff handles mortgage foreclosures and they will have a list, or will be able to tell you who
to contact at the County Courthouse, if money is transferred.
• Kentucky – they are in the dark ages here. Good luck with a list
• Louisiana – This is broken down by Parish, not County. Each County can be slightly different. You will
have to contact and ‘ask around’.
• Maine – one year to claim tax overages. Do not send us anything older than 6 months after tax sale.
• Maryland – you can ask for the tax sale report or tax sale results report. Maryland is odd: Baltimore
County and Baltimore City have separate tax sales. Don’t send tax sale overage files in that are older
than 2.5 years from the foreclosure – 3 years to claim.
• Massachusetts
• Michigan – The sheriff handles mortgage foreclosures. The Sheriff has a list of ‘special trust accounts’ that
may also be referred to as a 76800 account. We do not believe that Michigan has tax overages. Go after
mortgage overages and unclaimed estate funds. Michigan Counties keep any tax overages, ostensibly for
‘community development’
• Minnesota – we do not believe that you can work tax overages here. You can, however, work mortgage
overages.
• Mississippi – Do not send us in any tax overage files where the sale occurred over 1.5 years ago as we
have 2 years to claim.
• Missouri – the circuit court has information, including tax sales, online, available to the public. We had a
list turned in where it showed online public information where you could click through case after case and
simply see which ones had overages in them. We have 3 years to claim tax sale overages – don’t send in
any case where the tax sale occurred over 2.5 years ago.
• Montana – for tax overages, we have one year to make a claim. Do not turn anything in to us over 6
months old.
• Nebraska – for tax overages, we have one year to make a claim. Do not turn anything in to us over 6
months old.
• Nevada – tax overages are called excess proceeds. One year from sale to make claim – so we won’t take
anything over 6 months after date of sale for tax overages. The County will give you the list.
• New Hampshire – we believe that we have 3 years to make claim on tax sale overages. So we can’t take
any file over 2.5 years old from date of tax sale.
• New Jersey – This is an interesting State. We have seen County lists that give you the judgment amount
being collected by the foreclosing bank (mortgage foreclosures), and the amount paid, effectively giving
you the initial overage amount. In addition, the Administrative Office of the Court, located in Trenton NJ,
will provide what they call the ‘SODA’ list – that list gives you access to State wide overages, but you will
have to break them out and research by County. Some cities or counties will also have what is called a
‘non municipal lien master file list’ that is a list of mortgage overages.
• New Mexico – for tax overages, we have one year to claim. So don’t send anything in to us that is older
than 6 months from the tax sale.
• New York – mortgage overages, and access to online research – deeds, mortgages – are fairly easy to get.
Outlying counties are easier to get than, for instance, the boroughs. The county treasurer will often hold
the list. You may want to ask for ‘all current court held and trust funds, pursuant to Section 184 of the
State Finance Law. In some Counties, you can go online to the County or borough and request a list by
clicking on a ‘foia’ or ‘foil’ request button.
• North Carolina – You can only get the escheat report from the counties. This report will show monies sent
to the state, in NC, they escheat funds after 3 years.
• North Dakota
• Ohio – Both tax and mortgage overage lists are available online or by contacting the court. Great online
systems for research, and fast payout.
• Oklahoma – there’s only a year to claim tax overages. So don’t send in any files over 6 months old from
tax sale. You should be able to get a results of sale, from tax sales. This results list will give amounts
that were being foreclosed on, and the amount of sale, so overages can be determined.

8|Page Premiere Surplus Partnership 16


• Oregon – We have no interest in pursuing any cases in this State and will not accept files from you. If you
purchased the traditional surplus funds ebook prior to 4/30/16, and sent cases in prior to 4/30/2016, we
will continue to work those cases.
• Pennsylvania – you can get a tax overage list from either the County or the tax department. You will have
to ask around to get a mortgage overage list. But, in general, the Sheriff for the county holds the
foreclosure sales for mortgages so they usually hold the mortgage overage list. We have 5 years to make
a claim on tax overages. Don’t send in any file over 4.5 years old.
• Rhode Island – in tax sales, you have up to 5 years to claim the overage – so please do not send in any
file that is over 4.5 years old.
• South Carolina – some counties will give you a tax overage list very easily. The issue is whether or not
you can gain access to online information to research the deed and mortgage debt, which is not always
available. In tax sales, the list may be called a ‘bidder overage’. In addition, the statutes read that only
the ex owner can claim, but read that more closely – only the owner of anyone with a claim – so priority
still goes to debt holders first. They may also call it their unclaimed funds register.
• South Dakota – we have one year to claim tax overages. Don’t send in any files where the tax sale
happened over 6 months ago. the county auditor can give you a list of tax sale results
• Tennessee – Many of the Counties require that you are a local resident of Tennessee to get a list. Of
course, if you would like to enlist the help of a friend or family member to get the list who lives in the
State, and then work it, that would be fine. As we have had very few cases turned in for Tennessee, we
are happy to accept files from here. However, we have 1 year to claim tax overages – don’t send us
anything in that is over 6 months old from tax sale. The tax overage list can be had, by request, from the
Chancery court.
• Texas – very difficult to get a mortgage overage list. However, the Counties generally have no problem
giving you a tax sale overage list. Many of the ‘tax sales’ are actually being sold at auction because the
owner did not pay their school taxes. Word of caution – Like any other State, do not try to get the funds
out in your name. Use our method, even if you are attempting to claim surplus by buying a judgment
from a judgment holder who has the priority claim to the funds. Texas is the only State we know of that
applies finder fee limits on judgment holders who bought the judgment in order to collect on it from
surplus. The way to get around this is to treat the judgment holder as the claimant – they are in fact first
in line and as such are the claimant – and sign them up as that. Don’t try to buy their judgment and work
it. In most counties, the County Tax Commissioner or Treasurer can provide you with a tax overage list.
A reference that you may want to include in your request for the list, is that these monies are generated
and referenced in property code 76, subchapter c.
• Utah – the only list we have seen for tax overages have been ones that are called result of tax sale lists,
from the County. The list is sparse – parcel id#, opening bid, final sales price. It would require more
research to work such a list – the tax id or parcel id # (also called pid) can be entered into the County tax
collector’s site to find the address of the property. The year of the tax sale would also give you a starting
point to research deeds and then find when the deed that was transferred by the tax sale. The owner just
previous to that transfer would be the one entitled, if of course there was not additional debt owed that
had a priority claim. You would have to research debt against the property prior to the tax sale and
judgments using TLO (or let us do that). We have one year to claim tax overages – so don’t send in any
file where the tax sale happened over 6 months ago.
• Vermont
• Virginia – for tax overages, usually the circuit court holds the funds. May be called a ‘liabilities index’.
May also be called ‘chancery accounts’. We have one year to claim tax sale overages – so don’t send in
any file where the sale happened over 6 months ago.
• Washington State – We have no interest in working this State and will Not accept any files from here.
• Washington DC – We have no interest in working this, and will not accept files from here.
• West Virginia – for tax sales, we have 1 year to claim. Don’t send in any files over 6 months old from
date of tax sale.
• Wisconsin – we don’t believe that Wisconsin returns tax overages. You can work mortgage overages,
however.
• Wyoming

9|Page Premiere Surplus Partnership 16


Okay, you have 4 ways to get a list:

First Way to Get a List: Online


You can simply ‘Google™’ (don’t use Bing™ or any other site, use Google™) the county name,
state abbreviation, followed by overage, surplus funds, excess proceeds, overbids. For
example:

‘Dekalb County Georgia overbids’ or ‘Dekalb County GA overbids’ or ‘Dekalb county Georgia
Excess Proceeds’, ‘Dekalb County Georgia excess funds’ etc…

You can also search statewide by using Google™ with the following in your search -

‘State name’ ‘surplus funds – or other phrases’ ‘list’. You can also further limit results by ending
the search with ‘pdf’ or ‘xl’ or ‘xls’ to try to get online lists.

Though the fastest method of procuring lists, it also often contains lists that are too old to
work. Please refer to the overview of states that we have provided, as this will often tell you
how long we can claim an overage. In general, tax overages do have a limited time for claims to
be made, but mortgage overages – in general – do not. If you are in doubt about time limits for
a claim for overages in a specific State, simply Google™ - (State name) overages statutes.
Statutes will be different for tax and mortgage overages. There are incredible resources
available online in blogs, attorney write ups, and other sites.

2nd way to get a list: Buy it


You can find the best lists from taxsaleresults.com. We are not affiliated in any way with these
folks, but think very highly of them. Just remember that if you can buy it, so can anyone else.

3rd way to get a list: Request it


We highly recommend that you get lists from the County by requesting a list. You will have to
look online to see who conducts mortgage and/or tax sales for a county. That department will
be the folks to start contacting.

A great letter to use via usps or by sending an email follows. Couple of Notes:

1. Do not ‘stalk’ them. Send letter or email, wait a week. Don’t email/call every
other day.
2. They don’t have reason to deny you a list. If they say they don’t have one, move
on to another dept. Their job is to give info – there are no black helicopters
flying around the court. You’re not doing anything illegal, so relax. Afraid to

10 | P a g e Premiere Surplus Partnership 16


call? Buck up, buttercup! You are often also going to have to doublecheck that
they are still holding the overage, and for how much, so be nice.
3. Figure out, online, who hold the sale – tax or mortgage, different departments
can handle each, or the sheriff can hold sale instead of county – and start with
that dept. That’s easy to do – Google™ ‘mortgage foreclosures (insert name of
county and state as an example) and/or Google™ ‘tax sale (insert name of county
and state as an example)’. You should find a list of upcoming tax sale and/or
upcoming mortgage sales, and information on who holds that particular type of
sale.
4. Be nice. They deal with the general public every day. Be respectful but
assertive, follow-up. Send thank you emails and/or letters when they respond
with a list. Yes, I said send a thank you.
5. The State overview we included has notes on statutes you can quote for some
states. Insert that where appropriate (if its in a state where we made that note).

The letter/email –
To: (name of person and their title, and their department that you are attempting to reach)

Fr: (your name and name of your company if applicable)

Re: Accounting list of overage monies held by your department. Public Information Request.(put this in subject line
too if you are emailing)

Date (today’s date – very important, because they are often obligated to respond within a set time frame to public
record information requests)

Dear (name of person you are attempting to reach),

Good morning (if you are emailing, use whatever is appropriate – good afternoon, good evening, etc.).

My name is (your name), (and my company is ((name of company is appropriate))).

I am respectfully requesting a list of monies held as a result of foreclosure. These monies are created when the sale
is for more than the underlying debt foreclosing on the property.

To be more specific, I am looking for a list of these funds that would contain last owner name, address, and amount
being held. However, as long as the list shows amount held, and some reference to the property (a parcel ID
number, etc.), that would be fine.

In addition, if there are multiple lists, generated over time, instead of a cumulative list, I would like the lists for the
last (insert number of years if you know there is a time limit for claiming tax funds – see our included state

11 | P a g e Premiere Surplus Partnership 16


overview) years, if the list is from tax sales. If the list is of funds held from mortgage or non-municipal sales, then I
would appreciate the last five years of the list if it is not cumulative.

The list may be known as overages, overbids, remainders, surplus funds, excess proceeds, etc.

I understand that the list may incur a cost to me, as you will have to take time to print or email it to me, and that if
you have to send it to me via the mail, copy costs will be incurred. If that is the case, please let me know how much
to send for the list, how to make the money order or certified funds out, and where to send this.

Finally, I understand that I may have inadvertently contacted the wrong person or department. I would be most
appreciative if, in that case, you could direct me to the correct person or department.

Thank you in advance for you time and effort.

Respectfully,

(sign it here if sending a letter)

(your name and name of your business if applicable) (address) (phone number)

(if there is a statute that you wish to quote- see our state overview to see if is – put that here)

Calling the county, or department or sheriff’s office – whoever held the sale – script:

“Hi, my name is (insert your name) (and I’m with – insert company name if applicable). I am calling to
get a list of monies held that were generated from a (insert type of sale –tax or mortgage) foreclosure.

They are often called surplus funds, overbids, overages, or excess proceeds.

Are you the right person to talk to about this?”

- If no – “Do you know who I should talk to?” – if yes, get their direct number before being
transferred.
- If yes – “Great. Can I get a copy of that list through email, or should I send a self addressed
envelope, and do I need to send a check or money order?” if they are the right person, they will
know exactly how to send it, if there is a cost, how to make the check out, and where to send it
to. Be sure to right down their name, department, etc.

Guys – you are going to probably be transferred around form department to department. We
have found that, unless noted otherwise in the state overview we provided, key departments
are:

- For tax overages – can be sheriff or county. Tax collector, tax department or clerk of
court or book keeper for the clerk of court.
- For mortgage overages – can be sheriff or county. Clerk of court of other department –
chancery court, interpleader court, master trustee, etc. Do a little research online as
well.

12 | P a g e Premiere Surplus Partnership 16


**Remember: if it is a little difficult for you to get a list, fewer people
will be working it…
However, if you have exhausted your time and energy, move on to another county and/or
another state – don’t get obsessed with getting a list from a specific county. Don’t contact
support asking for help with getting a list from a specific county – you will be told to ‘move on’.

**You hardly ever get this question, but if they ask why you are asking for the list, respond
with, “I am researching these funds”.

4th way to get a list: In Person


Go in person to your local courthouse. The traditional surplus funds program is included in this
ebook. If you are willing to research debt and judgments in person at the courthouse, you
might as well get the list in person as well. Take the letter, above, with you, and go into the
court. If you are in a state that we are not going to work nationally – Oregon, Washington
State, Washington DC, Florida (FL has its own program), Colorado – you can still work in that
state by working it locally and going into the courthouse to do your research there. However, if
you are doing that and we find out that you are working a blocked state – Florida for instance –
and you are sending us information you have researched online instead of going in person, we
will deny your claim and not pay a commission to you. Don’t try to get around the limited state
rule by pretending to live there. We find people for a living folks.

What Should the List Contain?


In a perfect world, the list would have owner’s name prior to the sale, date of the sale, dollar
amount of the overage, address of the property foreclosed upon, and a case number for
reference (in tax sales, there is often no case number, just a pid- property id # - for reference).

With that information, it is very easy to research the debt against the property.

However, there are ‘backward engineering techniques’ that you can use when the list is not
perfect. We have put a video together on that. Using that technique, you can research and
turn in a file with as little as a parcel id number and an overage amount, and approximate date
of sale.

Finally, we can even work a list where you have the judgment amount(usually minimum bid
amount – tax only) and the final sales price. You can determine the overage from that, as long
as there is a property reference – parcel id or address of property.

13 | P a g e Premiere Surplus Partnership 16


Make sure that you can work the List – Online access to mortgage and deed
transfer data:
Getting a list is the beginning. You will also need to determine whether or not you can work
that list. In other words, you need to determine whether or not there is online access to deed
and mortgage information on the county website where the foreclosure/tax sale occurred. We
have put a video together on that.

The documents that we require, and therefore you must have access to if you wish to work a
list you have gleaned, are listed on the title worksheet.

Make sure you can work the list – at least 6 months left for us to claim:
Finally, doublecheck the Statutes for your State regarding how long you can go after surplus
funds, to make sure that the list you are working can still be worked. There are notes we have
put together on a State by State basis, but many of them do not have that information. This is
because we either haven’t worked that State in the past, or we have worked mortgage
overages, which usually do not have a drop dead time limit.

Checking the statutes is very easy, because there are extensive blogs about statutes dealing
with surplus funds (aka overages, excess proceeds, overbids, remainders, excess funds, surplus
proceeds). Many of the blogs are written by attorneys in an attempt to get business from their
blog or blog post. Look, of course, at the date it is written to make sure that the post or
information is a year or less old.

This is because State statutes can change or be amended. You need to know what the current
laws are regarding how long you can make a claim, after the sale (usually just for tax sale
overages, most states keep mortgage overages forever and can be claimed forever). Subtract 6
months from that dead line, and that is the last date we will accept a file from you in that state.

So, for instance, if the tax sale was held in 2014, and the State only allows one year for a claim
to be made on the funds, well you know that you can’t go after that file. It is no longer money
that can be claimed. Further, let’s pretend that you are researching the file and today is
February 1st, 2017.

Further assume that you are in a State that allows for overages to be claimed for 18 months
after the sale date, and the list you are researching is from January, 2016. 13 months have
passed, out of the 18 months you can make a claim, in that State. That only leaves 5 months, so
we would not take that file.

14 | P a g e Premiere Surplus Partnership 16


This is also why a requested list – where you request it directly from the County or the Sheriff,
whoever is holding it, is usually the most recent and therefore the most valuable. Online lists
can be too old when you get them. Be careful, also, with lists that you buy, as they can be old,
or have too little time left for you to send to us for us to claim.

Use Google to find statutes, if we do not list the deadline date in our State list. Simply put in
the following in a Google search(not Bing, not Yahoo, Google):

Surplus funds claim (insert State name) - OR - Excess proceeds claim (insert State name) - OR -

Overages claim (insert State name)

Make sure you can work the FILE:


Attached to your resources page will be a link to another page, where we will list every file we
are working, by State. You can search by file number (sometimes that would be parcel #), and
case name. Check this first before submitting a file. Obviously, if the file is already on the list,
you can’t work it. We function on a first come, first serve basis. There are no reserved
territories and there is absolutely no reason for us to take one file over another – except
someone turned it in first, done correctly.

This is a big deal, because if two folks are working the same list and you submit a file, one of
three things will happen:

- You will be granted the claim on that file, because you filled out the paperwork
correctly, and you were the first one to submit that file.
- You will receive an email saying, ‘we received your file. However, we need you to
resubmit the file with the following changes’. As long as you do that, correctly, and are
the first one to do so, you will get the claim on that file.
- You will not be the first one to turn the file in correctly, and we will let you know that.

There is more information regarding this in the ‘File Submission’ section. Please understand
that you have to follow the directions for file submission, or we will reject the file.

Research – Determining ownership and debt against the property:


Ownership – The last owner(s) of the property just prior to the foreclosure or tax sale is the
person(s) entitled to the overage, IF there is no other debt against them or the property. The
last recorded deed for the property, before the foreclosure, will have the owner’s name.

15 | P a g e Premiere Surplus Partnership 16


We show you how to determine that in video(s) on the resources page, but you will need to
understand that there are many different types of deeds. Here is a list, more for your
understanding than for anything else – the deed holder(s) = claimant. But you will see different
types of deeds, so we have included those different types, below:

General Warranty Deeds or Warranty Deeds – in these types of deeds, the seller warrants that
there are no unknown encumbrances to the property(debts, restrictions) and/or lists any
encumbrances that exist and asserts that only those listed on the deed are in existence. This
provides a sort of warranty against defective title, as a buyer could sue a seller if there was an
undisclosed encumbrance (debt or restriction on the property).

Special Warranty Deeds, Quit Claim Deeds, Bargain and Sale Deeds – these types of deeds have
no warranty or very limited warranty, to the buyers. It is basically an ‘as is where is’ type of
deed and the buyer is instructed that there may be debt or other encumbrances against the
property.

Administrator Deeds, Executor Deeds, Sheriff’s Deeds, Master Deeds – these are court created
deeds to facilitate the transfer of property. They can be used in a foreclosure and/or tax sale,
to transfer the property to the new owner.

Deeds of Taking – these are used in eminent domain situations, where a government entity
exercises their right for the ‘greater good’ to take a property (with fair market compensation)
from an owner, for use by the government. Usually, this is for road expansions, utility
easements, and even to take property for a government building or facility such as a jail. In
extreme circumstances, government entities misuse this to take property for instance, to grant
ownership to a developer, twisting the ‘greater good’ clause to mean that a shopping mall, for
instance, is in the interest of the greater good.

The bottomline is that a deed transfers ownership. We do not want you to delve too deeply
into this.

The grantor is the one giving the property to someone else. The grantee is the one receiving
the property. As a result, the person who is being foreclosed upon will have a deed that they
received when they first bought the property – at which point they are a grantee.

** NOTE – A Deed of Trust or Security Deed does NOT give immediate


ownership. They are another term used for a mortgage.
We will continue on deeds:

16 | P a g e Premiere Surplus Partnership 16


If the person listed as being foreclosed upon transfers their ownership via a deed, to someone
else before the foreclosure, they are no longer the claimant with a possible claim to the funds.
The one who has the deed prior to the sale is the claimant. Let’s give an example:

Bob Buyer purchases a property from Sal Seller, January 1st, 1980. Sal Seller, as the grantor,
gives a deed to Bob Buyer showing Bob’s ownership.

Bob lives in the home for 30 years, but stops paying real property taxes. In January 2014, the
County decides to foreclose on the property, selling it at auction to the highest bidder. A tax
sale auction is scheduled for July 15th, 2014.

Meanwhile, Bob decides to sell the property to Quincy Quitclaim. Bob sells the property to
Quincy and Quincy records the quit claim deed as the owner, July 1 st, 2014.

The County is owed $10,000 in back taxes and forecloses on the property July 15 th, selling it for
$50,000.

There is now an overage of approximately $40,000. Bob is not entitled to those monies, even
though he is one listed on the overage list as the owner. The County does not update the
owner, and – understand this – the County is foreclosing on the property, regardless of who
owns it.

Now you understand why research is important!

So let’s take this a step further, using the above example.

If there was a mortgage or equity loan, etc, against the property at the time of the foreclosure
of the property, that entity is first in line for the surplus funds. Now, if the mortgage was for
$20,000, that would still leave $20,000 for the owner (last deed holder, Quincy Quitclaim) -
$40,000 in overage, less the $20,000 due the bank, leaves $20,000 for Quincy.

However, had that mortgage company been entitled to $80,000, there would be no overage for
Quincy. The mortgage company would be entitled to all of the surplus funds. This is why we
have a conclusion section on the title worksheet.

If there are no mortgages, you still fill out the conclusion to that effect, putting the owner at
the time of the foreclosure – NOT the new buyer – as first in line.

The priority of debt is determined by recording date. The oldest mortgage is first, the next the
second, until they are satisfied or cancelled. There is extensive video coverage of how to check
this and examples of mortgages being satisfied and cancelled. If there is no satisfaction,
cancellation, or termination of a deed of trust or mortgage, you must assume it is still in effect.

17 | P a g e Premiere Surplus Partnership 16


We will depend upon your review of the title videos for you to gain understanding of how to
determine if there is debt, how much it is for, etc. We have found that videos are far more
effective at this.

Judgments are also entitled, in front of the owner, if they are recorded in the same County as
where the home is located, and if they have not expired. However, we will be checking
judgment debt for you.

Before we move on to submitting a file to us, it is important that you make note of the
following points, which we will also cover in the video training on the resources page.

• The deed may list an address for the deed holder(owner) that is a mailing address, NOT
the foreclosure address. This is why we have you also pull the tax information on the
property, especially with tax sales, where only a parcel i.d. number is often given as
reference. By doing so, the tax information will give you cross references that will
insure that you are researching the correct property: legal description, and often the
address.
• When you look at mortgages, aka deeds of trust, do not mistake the trustee as being the
creditor/mortgage holder/bank. The trustee is appointed as a representative. The bank
entitled is the beneficiary.

The above are common mistakes to avoid.

Submitting a file, and underwriting – How it works:


PLEASE read this carefully and follow it closely. The submission process is designed to help you
and us.

1. Put the case name in the header of your email. If the case name is different than
the owner(last deed holder), put in the case name. If there is no case name
given in your list, use the owner (last deed holder prior to the foreclosure) as the
case name.
2. Attach all information in one (1) attachment, with the title worksheet being the
first pages of the attachment. With this program, we are not asking for
supporting documents – but we will when you turn the file in after contacting
the people.
3. Do not use Google™ drive.
4. VERY IMPORTANT – Please send no more than 3 files when you first begin
submitting. Once we have accepted 3 files – you submitted them correctly and

18 | P a g e Premiere Surplus Partnership 16


we approved them and they are on our list of files we are working – you can turn
in unlimited files. Until then, turn in a max of 3 to begin with. As your files are
accepted, you can turn in more.
5. You will know that your file(s) are accepted because they will appear on the
claim list that is accessible from the resources page. If someone turns in the
same file prior to you, you will be told you did not get the claim.
6. The claim list can take up to 3 business days for your file to be updated on it. It is
updated every evening. However, as we go through submission cycles, it can be
delayed up to 3 business days.
7. If there is an issue with your file – missing info, incorrectly filled out title
worksheet, etc – we will let you know, unless someone submits it prior to your
submission. If that happens, you will be told you did not get the claim, but we
will not underwrite your file.
8. If your file has an issue, we will let you know and you will be required to make
any/all corrections and to resubmit the file in its entirety again. Do not send just
the part that is incorrect, resubmit from scratch. If it is turned in correctly by
someone else prior to you submitting the file correctly, they will get the claim.
9. Updates: you can request updates from support, and you will be sent an update
on your files the following month, AFTER you have successfully submitted 20 files
that we have accepted. In addition, if a substantial amount of time has passed
since your last file submission, we will not honor feedback requests.
10. We will, of course, notify you as we get them under contract.
11. Submission department rules –
a. You submit files at paperwork@surplusfundsriches.com, as outlined
above.
b. Submission will not answer, ‘when did the other researcher turn in file?’.
We have no incentive to choose a researcher’s submission over yours,
and all docs are time stamped. If you think we are not being truthful,
stop working with us.

Support Rules –
1. Use the support tab on the website – surplusfundsriches.com – to open a support ticket.
Read the faqs section first, agree to terms, follow directions and submit it.
2. Support has 3 business days to respond, but usually gets back faster. Holidays do not
count in 3 days.

19 | P a g e Premiere Surplus Partnership 16


3. Do not attempt to go around the support system by asking questions on the company
facebook page, and open new tickets for new questions.
4. Do not attempt to go around support by calling Shawn or a member of the staff –
support is ticket operated only.
5. The following questions – yes, we received these before – will be ignored: i. questions
that are not specific to the program and could be answered by Google™ search - ‘what
does esquire mean’; ii. ‘what if’ questions - ‘what if claimant is in S. America and only
way I can get docs signed is by notary on a burro – we will ask if you have a case like this
and ask for proof of that, so as to avoid silly ‘what if’.
6. If you are disrespectful to support, he has authority to no longer communicate with you.
7. Support is there to answer questions about applying the system as it is written, not
provide ‘alternatives’ or to get you out of trouble because you attempted to apply the
system but used different documents, methods, etc.
8. Jeff is responsible for support and for underwriting your files. He has been with me over
10 years. I trust him with my money, my business, my kids. Do not be disrespectful to
him or attempt to throw him under the bus to me. He is fair and honest.

FAQ Section:
Premiere Surplus Partnership 16, Frequently Asked Questions:

Question: I am having trouble viewing the surplus funds files being worked list.
Where is the page?

Answer: Starting on 8/6/19, we have decided to password protect the surplus referrals
list page for our surplus programs where the link to the pdf list is. You must go to the
Premiere 16 Surplus Referrals page, refresh the page and click on the files being
worked link as we have changed the link. You will then have to enter the password
“faithjuliette” located on page 1 of the Premiere Surplus Partnership 16 ebook to access
the page. The old page and list link will not work, they have been deleted. We want to
protect our surplus list from outsiders. We may in the future change the link again.
Thank you.

Question: The ex-owners are dead, but the files mentions possible heirs, Can I
work it?

Answer: Yes, but we will need a will and contact with the executor of that will – there is
more on deceased files later in this program.

20 | P a g e Premiere Surplus Partnership 16


Question: I cannot find a document called a foreclosure deed, why?

Answer: In most states you will not find a document specifically called a 'foreclosure
deed'. A foreclosure deed, also called a trustee deed or sheriff’s deed, gives ownership
to new buyer after the foreclosure sale or auction. The property is 'deeded' to the buyer
and they are now the legal owner. We will not accept any files that do not have a
foreclosure deed transferring ownership. In some states, it can take up to a year after
the sale for the foreclosure deed to transfer, mainly due to rights of redemption periods.

Question: Where can I find the sale date?

Answer: The sale date is listed on the sheriffs deed or 'foreclosure deed'. That deed will
sometimes give up to 3 dates, the judgement date, the sale date and deed date. We
want to sale date, make sure you read the deed to give us the sale date.

Question: What if I cannot find a mortgage release; do I have to assume it is still


open even if it has been a number of years? Also, can I estimate the balance
remaining?

Answer: If you cannot locate a mortgage release, satisfaction or cancellation, you must
assume that the mortgage is still open. You must account for it on the worksheet. We do
not want you to estimate the remaining balance owed, you are to write the amount listed
on the mortgage.

Question: What if I cannot access all the documents online? What if I can access
the documents and searches, but the court requires me to pay, do I have to pay?

Answer: If you cannot access required court documents or searches, then we cannot
accept the file. If the court has a paid search system, it is up to you if you want to pay.
We will not take any files with missing required documents or searches.

Question: Where do I go to submit files?

Answer: Go to the referrals page linked in your ebook, read the instructions. If you are
sending files to us, make sure you have all the information we require. Email all
paperwork to paperwork@surplusfundsriches.com do not open a ticket and send files,
support tickets are for ebook questions only. We only accept files via email, no fax or
direct mail. Initial file submission are done online as outlined on the referrals page.

Question: What is my commission for submitted files that your company


successfully retrieves?

Answer: We pay all our researchers 16% of gross collected funds. Example – If you
submit a file with $50,000 in total surplus and we are able to collect that entire amount,
we will pay you $8,000.

21 | P a g e Premiere Surplus Partnership 16


Updates on Files
If you have submitted 20 or more accepted surplus funds files and have
submitted at least 1 accepted surplus funds file in the past 60 days, you may
request an update once per month by opening a support ticket and selecting
the "File Update" button.

We will send the file updates to you via email during the next month. Make
sure to send the request before the end of the month to get an update for the
current month. If your request comes after the end of the current month, you
will be put on the list for the next update on the following month.

If you have submitted a ticket for an update, and are not eligible for one, we
will not email you an update. We will notify anyone when we make a deal on a
file whether you have 20 files or less, but you will not get monthly progress
updates.

22 | P a g e Premiere Surplus Partnership 16


STEP BY STEP GUIDE TO WORKING THIS PREMIERE16 SYSTEM
In this section we will go over how to research and submit an acceptable file. There is also a
video with more detail on the national surplus resources and referrals page linked below.

http://www.surplusfundsriches.com/premiere16resourcespage.htm
Please note this is an example from 1 county in OH. Not every county or file info will look
exactly like this.

STEP 1 – Get a list (covered in detail in the section above)

STEP 2 – Identify files to work

After you get a list from the county you can start working files. First you want to identifiy files
with surplus amounts over $15,000.

PLEASE REVIEW THE FILE RULES ON THE PREMIERE16 RESOURCES AND REFERRALS PAGE
LINKED ON PAGE 1 IF THIS BOOK.

STEP 3 – Check the files being worked list – that is accessed via your resources page, which is
linked from this ebook.

Next check the list of files being worked on the resources and referrals page. If the file has over
$15,000 and it is not on the list, you can begin research work on the file.

The file we are working for this example is in Franklin County OH, it is a file we received from a
researcher and we successfully retreived the surplus. The file is Mary Jo Monica and the surplus
from the list is $24,558.23

STEP 4 – Verify Funds

There are 2 ways to verify funds are still being held. First way is the call the court and check.
The other way is the check court case history.

Not every county will have this option, most will not. In that event, you will have to call the
county to check funds are still being held.

23 | P a g e Premiere Surplus Partnership 16


Checking case history – Google Franklin County OH civil case search to see if you can view case
details and see if there are claims being made to the surplus.

Click on the correct option.

Enter the File or Case #

Now you can access the case details, check for claims. If the money is still there and there are
no claims, you can submit the file to paperwork. If there are claims, see what the claims are, if it
is a creditor and it still leaves at min $15,000 for the ex-owners, you can submit as well.

You will need to include a copy of the full case history report if you are using this as a way of
verifying funds(you’ll send only when you’ve contacted them and they are willing to talk with us
– so keep that documentation ready to submit at that point). We will need to be able to read
each line.

24 | P a g e Premiere Surplus Partnership 16


IMPORTANT NOTE ON CHECKING THE CASE HISTORY!
WHEN WORKING A COUNTY, ESPECIALLY MORTGAGE SURPLUS; PLEASE CHECK TO SEE
IF THEY HAVE AN ONLINE CASE HISTORY RECORD SEARCH. VERY IMPORTANT BECAUSE
IT MAY SHOW CLAIMS FOR THE SURPLUS/EXCESS PROCEEDS. WE ARE GETTING A LOT
OF FILES WITH FOLKS NOT CHECKING THIS.

PLEASE CHECK THE CASE HISTORY FOR THE FILE YOU ARE WORKING. AGAIN, NOT ALL
STATES AND COUNTIES OFFER THIS, BUT SOME DO AND A SIMPLE GOOGLE SEARCH
WITH 'COUNTY NAME AND COURT CASE SEARCH' SHOULD LET YOU KNOW IF THEY DO.
THIS IS MAINLY FOR MORTGAGE SURPLUS, MOST COUNTIES WILL NOT OFFER THIS FOR
TAX FORECLOSURE CASES. IF YOU SEARCH THE CASE AND IT SAYS THERE IS AN ACTIVE
CLAIM FOR SURPLUS, WE WILL NOT ACCEPT THE FILE. WE WILL CHECK FILES FOR THIS.

IF YOU CAN CONFIRM WHAT THE CLAIM IS FOR, YOU CAN SEND IN NOTING THAT YOU
SEE THE CLAIM AND VERIFIED IT STILL WILL LEAVE MIN $15,000 FOR THE EX-OWNER.
FOR INSTANCE A LIEN HOLDER IS CLAIMING A SMALL PORTION OF THE TOTAL SURPLUS.

STEP 5 – Research ownership and debt

In this next step you will have to find the owners deed and any liens or mortgages that are
against the property. We call this step performing a title search. A title search is when we look
for ownership information (deed) any outstanding mortgages, liens or judgments.

We go into great detail in the sections above about different types of deeds and important
information. Please read those sections as well as the resources and referrals page, any
questions should be directed to support.

First find the county register of deeds or official records site. This is where you can search
deeds, mortgages and sometimes liens/judgments.

25 | P a g e Premiere Surplus Partnership 16


Search __________ county ____ state official records in Google.

Select the correct option. Go to to the owners search, use the name on the list to start. First
look for the deed, since this list does not have an address, we need to find the property that
foreclosed, then find the deed. Remember, you have to search debt on all parties listed as
owners on the deed before the sale.

Now that you are on the results list showing all recordings. Look through the list, find the
owners deed and start there.

26 | P a g e Premiere Surplus Partnership 16


Look at the deed, see who the
property grants/conveys to. This
section can be called grantor, or
party of the second part.

As you can see Mary Jo Modica is


the only name listed. She is the
only person you should search
debt for.

Deeds usually also listed parcel id#


and sometimes the address. This
can help you can look up address if
you are having trouble.

IMPORTANT NOTE ON DEEDS


YOU MUST INCLUDE A COPY OF THE DEED AT TIME OF FORECLOSURE, NOT THE BUYER
OR FORECLOSURE DEED. YOU MUST WRITE ALL OWNERS ON THAT DEED IN THE DEED
HOLDER(S) AT TIME OF FORECLOSURE. ALL PERSON(S) LISTED AS OWNERS ARE
ENTITLED TO SURPLUS FUNDS AND ALSO MUST BE INCLUDED ON THE CONCLUSION
PAGE.

WE WILL NOT WORK ANY FILE WERE YOU DO NOT INCLUDE A COPY OF THE DEED FOR
THE LAST OWNER AT TIME OF SALE. TYPES OF OWNERSHIP DEEDS INCLUDE,
WARRANTY DEED, QUIT CLAIM DEED, GRANT DEED OR SPEICAL TYPES DEEDS LIKE
BARGAIN DEED OR DEEDS THAT TRANSFER THROUGH A PROBATE OR ESTATE.

A DEED TRANSFERS OWNERSHIP OF REAL ESTATE. IT CONTAINS THE NAMES OF THE


OLD (GRANTOR) AND NEW (GRANTEE) OWNERS AND A LEGAL DESCRIPTION OF THE
PROPERTY, AND IS SIGNED BY THE PERSON TRANSFERRING THE PROPERTY. THE
OWNER AT TIME OF SALE IS THE GRANTEE ON THE LATEST DEED. YOU CAN'T
TRANSFER REAL ESTATE WITHOUT A DEED.

A DEED OF TRUST IS NOT A DEED - A DEED OF TRUST IS A SECURITY INSTRUMENT FOR A


LOAN BETWEEN A BORROWER AND LENDER.

27 | P a g e Premiere Surplus Partnership 16


Next step is to search for all mortgages. In this file there were 4 total mortgages, including the
foreclosing mortgage. When you see mortgages, also look to see if they have been released.
Any open mortgages count toward the surplus funds. If mortgages are released, you must
include a copy fo the release with the file. There is more information on mortgage releases on
the National Surplus resources and referrals page.

First Mortgage – Norwest Mortgage

Click the link to view the document.

Once you are viewing the mortgage


document, you can see all the details of the
loan.

The main items are loan amount and


address/legal to verify the loan is against
the correct property.

Look to see if the mortgage was satisfied or


is it still open. If satisfied or released, there
will be a release or satisfaction of mortgage
document recorded with the original doc
information noted.

Mortgage release

Open to view the details to make sure it is in fact a release of mortgage and a full release.

28 | P a g e Premiere Surplus Partnership 16


Read the release, you can see it is a full release and referenced the mortgage we just viewed.

Next fill out the mortgage information and details on the mortgage history page on the chain of
title worksheet.

Next do this for every other mortgage you see. There are 3 other mortgages (See the example
worksheet in Step 6), I am not going to walk you through each one, use the example above as a
guide.

After you finish this step, you can submit the file to paperwork, please review the Premiere 16
resources and referrals page to view file rules are proceedures. We also update course
information there as well as updated worksheets.

29 | P a g e Premiere Surplus Partnership 16


IMPORTANT NOTE ON MORTGAGE CANCELLATIONS
WHEN CHECKING MORTGAGE CANCELLATIONS, PLEASE READ THE CANCELLATION.
MANY TIMES AFTER A TAX SALE, THE MORTGAGE IS CANCELLED TO CANCEL THE LIEN
AGAINST THE PROPERTY SO THE NEW OWNER HAS CLEAR TITLE. THIS USUALLY
OCCURS AT THE TIME OF SALE OR SHORTLY AFTER THE SALE. THIS DOES NOT RELEASE
THE DEBT AGAINST THE FORMER OWNER. THIS IS EXTREMELY IMPORTANT BECAUSE
CANCELLING THE DEBT ONLY AGAINST THE PROPERTY MEANS THE MORTGAGE NOTE
HOLDER IS STILL IN LINE FOR SURPLUS.

WE REQUIRE THAT YOU INCLUDE ALL CANCELLATION OF MORTGAGE NOTICES WITH


THE FILE WHEN YOU SUBMIT.

FORECLOSING MORTGAGES ARE SATISFIED BY THE SALE AND DO NOT REQUIRE A


RECORDED CANCELLATION OF MORTGAGE DOCUMENT.

Step 6 – Submit completed file to paperwork

See worksheet example in the next section. Make sure to read the Resources and Referrals
page regularly.

We update content and if there are changes to the program, we will update it there.

The most recent and updated worksheets are found on the Resources and Referrals page, make
sure you are using the updated version of the chain of title worksheet.

There 2 steps to submitting files to us. STEP A is to submit the file once you research, this will
be done via online submission form located on the Premiere Surplus Partnership 16 resources
and referrals page. This will be preliminary file information, no supporting file documents.

STEP B is after you make contact with the claimant, you will have to include all the file
supporting documents. In the next section, we will go over putting a file together for
submission after you have contacted the claimant(s).

*Resources and Referrals Page for this Ebook – Videos, additional information –
http://www.surplusfundsriches.com/premiere16resourcespage.htm

30 | P a g e Premiere Surplus Partnership 16


Step A – Initial Online Submission
After you have completed your research of the file and you determine that it is an acceptable
file to work, you are going to submit the preliminary file information to us online. In this
process, you are just giving us the basic file information, with no supporting documents. These
documents you will submit after you have sucessfully make contact with the claimant and they
are willing to talk with us.

To begin, go to the Premiere16 resources and referrals page -


http://www.surplusfundsriches.com/premiere16resourcespage.htm
Scroll down to the ‘Online initial surplus file submission form’.

Click ‘ONLINE FILE FORM’ to access the form.

Enter the file information – This is taken from the research eariler in this example. Required
fields must be entered to submit this form.

Page 1 – Cover page.

31 | P a g e Premiere Surplus Partnership 16


Page 2 – Mortgage History

32 | P a g e Premiere Surplus Partnership 16


33 | P a g e Premiere Surplus Partnership 16
Page 3 – Judgment and lien. Not required, but if you live in a county that offers it as part of
official records search, please research. It will save you from wasting time on a file that you
cannot work.

34 | P a g e Premiere Surplus Partnership 16


Page 4 – Conclusion page.

Click ‘SUBMIT’ once all information is filled out and agreed that you researched correctly. Do
NOT submit files without researching first. We will audit your files, if we find you are
submitting without researching debt, you will be placed on probation.

STEP B – Completed file submission


Once you have made contact with the person(s) owed surplus, you are ready to submit the
entire file with all supporting documents to us to work. We need all required documents, no
exceptions. Go to the resources and referrals page. Scroll dow to the worksheets section.

Fill out the chain of title worksheet (pdf or word doc). Include all supporting documents. Email
file to paperwork as directed on the recources and referrals page.

Next section is a step by step example of what a completed file should look like.

35 | P a g e Premiere Surplus Partnership 16


Worksheet Example
You must check one of these options
FOR PREMIERE SURPLUS PARTNERSHIP 16

All owners listed on the deed.

Make sure you ref the owners deed,


not foreclosure deed.

Total surplus held by the court.

36 | P a g e Premiere Surplus Partnership 16


If no book and page available,
there will be a document
number or reference number.
Use that as we need a way of
verifying your information

Make sure note the mortgage


that is the foreclosing entity for
mortgage foreclosure sales. A
mortgage cannot be a
foreclosing entity for tax sales.

Only check this box if it is the


foreclosing entity.

37 | P a g e Premiere Surplus Partnership 16


38 | P a g e Premiere Surplus Partnership 16
Mary Modica Make sure you list all
$24,558.23 persons named on the
deed as in line for surplus.

Fill out contact information


for the claimant. If more
than 1 phone #, please
Mary Modica
include it.
1123 Main St
Anytown OH 12345
If more than 1 claimant,
111-222-1234
please include their info as
well.

39 | P a g e Premiere Surplus Partnership 16


Copy of the Surplus List
File# Amount Date Foreclosing Entity Owner

40 | P a g e Premiere Surplus Partnership 16


Owners Deed

41 | P a g e Premiere Surplus Partnership 16


Release of Mortgage

42 | P a g e Premiere Surplus Partnership 16


Release of Mortgage

43 | P a g e Premiere Surplus Partnership 16


Release of Mortgage

44 | P a g e Premiere Surplus Partnership 16


Foreclosure Deed

45 | P a g e Premiere Surplus Partnership 16


46 | P a g e Premiere Surplus Partnership 16
Copy of county offical records search

47 | P a g e Premiere Surplus Partnership 16


Copy case history report – show money still held and no claims.

48 | P a g e Premiere Surplus Partnership 16


49 | P a g e Premiere Surplus Partnership 16
Copy of tax assessors page for this property

50 | P a g e Premiere Surplus Partnership 16


END OF STEP BY STEP EXAMPLE

51 | P a g e Premiere Surplus Partnership 16


THE TITLE WORKSHEET IS ON YOUR RESOURCES PAGE, LINKED FROM THIS EBOOK

Resources and Referrals Page for this Ebook – Videos, additional information –
http://www.surplusfundsriches.com/premiere16resourcespage.htm
----------------------------------------------------------

Finding the claimant.


Before we go too in depth on this subject, understand that the type of list you get can have a
huge impact on your contact rate. In particular, two factors can ‘make or break you’.

1. Timing – If the list is extremely ‘fresh’ or is 6+ months old, you have a better chance of
getting a real phone number from whatever system you are using. It can be easy to find
them with a ‘fresh’ list because folks typically have a few weeks from the auction date to
get out, and – if they were in fact living in the property – that means you can reach
them with both phone calls and mail before they move. Yes, I know that it is hard for
many of you reading this to think that you would give up your phone or change
numbers, but it happens all the time with folks going into foreclosure or tax deed sale.

Another point to be made about a ‘fresh’ list is that you can use a sale list in tax sales, not just
an overage list. What I mean is if there is a tax sale results list for the county, and it gives both
the amount foreclosed upon (aka ‘opening bid’, ‘taxes owed’, ‘minimum bid’, etc) and the
actual sales price, you can determine whether or not there is an overage with simply math
(actual sales price less ‘taxes owed’ for instance. You can’t do that with mortgage overages
because the opening bid might be less than the total debt owed to the foreclosing entity.

The 6 month rule comes into play because folks typically take that long to settle in to a new
place. If they were living in the property, they typically stay in the property as long as they can,
then move into a temporary place until they get back on their feet.

2. Post sale redemption states - in states where there is a post auction redemption period
– meaning the owner can pay off the debt and get the house back after the auction has
occurred - the owner at the time of the auction is often allowed to stay in the house
throughout the redemption period. They can be in the property for up to a year or
more. Big tip for those of you pursuing this type of overage deal – talk to your attorney

52 | P a g e Premiere Surplus Partnership 16


about what impact the redemption period has on claiming the overage. You want to
make sure that you can claim the overage during the redemption period. In those states
that will not allow you to do that, you can still make fantastic profit, using our
redemption program.

‘Skiptrace’ services – below are a number of systems that we’ve found effective:

- Microbilt.com – call and ask for Randy Mostettler and tell him Shawn Buige sent you,
and you’ll get the start up fee ($200) waived. It’s a solid program. While it is not the
most accurate at giving correct phone numbers, it does have a fantastic algorithm that
gives possible relatives and associates. By calling all possible relatives and associates, in
addition to the possible claimant, we have had a great success rate. You can pay as you
go, or get monthly rates for set minimum searches.

- Belleslink.com – a relatively newer system, we like that this gives you pay as you go or
monthly search options, can integrate its own CRM system, and that you can call or text
off their platform. It is pretty darn accurate, too, and gives you search options, as do
most of these systems.

- Whitepages.com – ya, we know, who would have thought that the Premium version of
whitepages would actually result in a strong hit rate. Because it has always been
‘reverse search’ oriented – look up numbers by name or address, name or address by
number, etc – it is amazingly accurate. Specifically, putting in a foreclosure address for a
‘fresh’ list can get you accurate phone number hits consistently. Also, in those instances
where the property was tenant occupied, calling the renter can get you ex-owner’s
phone number simply by asking for it.

- Accurint.com – They’ve been around forever, do a good job with info, and are
competitively priced.

- LexisNexis.com – Another ‘been around forever’ system, but it is difficult to get access
to their information in many cases unless you are a private investigator or are an
attorney.

- ididata.com – this has become – along with microbilt.com, whitepages.com – our go to


provider. Reasonable pricing, volume discounts, and strong data.

- TLO.com – we used to rave about this company, but they got really picky with admission
standards right after they launched, so they’re difficult to get and will drop you without
any explanation.

53 | P a g e Premiere Surplus Partnership 16


- Facebook.com – if you are going to go this route, we highly recommend that you get a
separate account in the name of your business or in a business type name. This will get
you more responses and way more credibility with them.

- Mylife.com – the good and the bad with this system is that it is user driven information.
In other words, in most cases, the contact information was provided by the person
themselves, because of the way the system operates. As a result, the information is
often NOT updated frequently. Note – because they are/were misleading in getting
folks to enter their contact info, they were sued for that.

Big tip here – when you look at the deed that transferred the property to the last owner prior
to the sale at auction, read it carefully. There may be a contact or mailing address for the
owner/claimant that is different from the property address. They may take mail at a different
location, or may not be an owner occupant. In that case, the other –mailing or contact –
address will get you a better contact hit rate than the property address will.

A few other points here –


1. If you are getting regulated data (some sources will give you access to that) like social
security numbers, etc, you will need to lock up any printed copies with that information
on it and destroy those files after you put a deal together or can no longer work them,
using a shredder or shredder service. If you are storing regulated data on a computer,
or have passwords saved on a computer, you need to have a strong password on
that/those computer(s).

2. If you hire folks and have them as users on your accounts with companies that provide
regulated data, you need to immediately lock out their access to the information if you
terminate their employment.

3. If you are using virtual assistants to skiptrace, have them get their own accounts and
reimburse them accordingly. We don’t believe in virtual assistants, frankly, preferring to
have in-house employees, but we understand that this is a trend that is not going away.
Just remember – you don’t really know who they are and/or what they are capable of
doing, so you don’t want the responsibility or liability of providing access to regulated
information to them. That would be irresponsible, and downright stupid – and if they
did misuse regulated information that you gave them access to, go directly to jail, don’t
pass go.

54 | P a g e Premiere Surplus Partnership 16


Advanced skiptracing, for the OCD among us –
1. The informant. An informant is someone who shows up to identify the body of a
deceased person for a death certificate. If you have a death certificate for one of
multiple claimants from a dead, you can also contact the informant to get contact
information for other claimants.

2. The lawsuit. If you have access to civil records dealing with lawsuits (in person in the
court, or in some cases online), you can search by the claimant’s name and see who the
opposing party is. If the claimant was the defendant in an action, the person bringing
the action, especially if it is a ‘fresh’ action, will often know how to find the defendant.

3. Dropped caller. After you’ve made 3 calls that are not answered, and you left a
voicemail each time, it can sometimes be effective to call and then hangup when the
voicemail comes on. Give it 24 hours. If they’re going to go crazy wondering who you
are, it will be quick.

4. The greased palm. We get a LOT of calls from family members. There is ALWAYS an
aunt or uncle who wants to know everyone else’s business. Leave a message on all
numbers. The nosy relatives will call you. If they say they know the claimant, let them
know you can probably give them $100 if they give you a working number AND the
claimant works with you. If they’re hesitate, let them know you’ll give them the same
money if they have the claimant call you and you work with them.

5. The package. For the hardcore out there. You send a package with nothing in it,
addressed to claimant, with your full contact information on the outside of the package.
Use an oversized letter sized package. When they call, go right into the script for
returned calls. If they ask what the package was about, let them know they should have
received an overview of the monies held. I have not done this, but have heard of others
doing it effectively.

6. Monopoly check. If, when you searched for ownership of the property that was
foreclosed upon, you found that the claimant/owner had more than one property, read
all deeds looking for different contact information for the claimant.

7. Pissed off ex. Occasionally, you will find a deed with a husband and wife on it where
there was a divorce. If you contact one and they say that they gave up the house to the
spouse, and hate them, and there was no deed transfer, you can go after ½ the money
for the one you contacted if the other ex spouse doesn’t respond to communication.
This is risky, because the person you are working with isn’t actually owed if the deed is
in the hands of the other person and they respond. However, nothing counts unless it

55 | P a g e Premiere Surplus Partnership 16


is recorded or provided for recordation at the time of the claim. Understand – most
separations and divorces do not record transfers of deeds. It’s slack and stupid, but the
reality of the situation. The other option here is to say that you will attempt to claim ½
the money (we will try), but that you will need contact information for the ex. Guys, I’m
divorced and am no fan of the ex. But if pushed I could come up with her address and
phone number. No need to ever lie, guys, but remember something when you get all
indignant and take a side – it takes two to divorce and there’s always 3 sides to a story.

8. Letters – 3 points to make here, guys.

a) Always put a return address on any mailings. When you get mail back, check for
post office notes. Occasionally the post office will tell you that the forwarding order
expired, but then proceed to give you the forwarding address. Always check
returned mail and make a note of incorrect addresses.

b) If you don’t have an address or phone # hit other than the address of the property,
mail to that. Also, even with other addresses, mail to that address if the foreclosure
or tax sale happened in the last 3 weeks.

c) Always honor requests to remove someone from your mailing or call lists.

Scripts:
Texting, and message to be left on voicemail –

With texting, it is extremely important that you establish credibility quickly. The best way to do
that is to include claimant and property specific information. So, don’t try to use a text that is
nonspecific or generalized.

We recommend the following(and you send this to all possible numbers you have – including to
possible relatives and associates if you are using a program that also provides those numbers):

‘Hi, this is ((your name)) ((with your company name where applicable)). I’m trying to reach
((claimant(s) name)), who owned the property at ((property address)) until it was recently sold
at ((tax deed sale or mortgage foreclosure, whichever applies)). The property sold for more
money than the debt against it, resulting in an overage that may be due to ((claimant’s
name(s))). I’d like to talk to ((claimant’s(s’) name)) about helping them recover that money’.

When if they call/respond:

56 | P a g e Premiere Surplus Partnership 16


They will ask about the text. Take control of the conversation.

First:

‘Hi, thanks for calling. This is ((your name)) ((with your company name if applicable)). What is
the name on the ((call, text or email – they’ll tell you which they’re responding to)) you
received? And are you ((repeat the name on the mailing or on the text or voicemail)?’

If their name does not match, ‘Okay, do you know the person I am trying to reach- that should
have been ((left on the voicemail, texted, mailed))? If yes – ‘Okay, I need to speak with them
about this. What is the best contact number you have for them?’. If no – ‘I’ll remove you from
our lost, sorry for the misunderstanding’.

If their name matches, ‘Okay, I should have also included a property address that, if you’re the
right person, was a property you owned and was lost to a tax sale or mortgage foreclosure. Did
you own that property?’.

If yes – ‘Okay, need to pull the file on this so that I can see how much is being held, and what
we can offer you. Have you already started the process of claiming this money?’

If yes – ‘Okay, I appreciate you responding. I’ll take you off the list’. Hang up.

If no – ‘Okay, I’ll go retrieve the file and call you back. Is this the best number to call back on?
And, what’s good time for you?’.

On your return call:

‘Hi, ((claimant name)), this is ((your name))((with your company name where applicable)). I
have the file in front of me now. This is in regards to money created from the sale of property
you owned at ((property street address)) that was ((sold at a tax sale – or – foreclosed on,
whichever applies)) on ((date of foreclosure)).

The property sold for ((sales price)), but there was only ((debt amount foreclosed on or taxes
that were owed)). That created an overage of ((amount of overage)).

My company researches ownership and possible claimants to overages from tax and mortgage
sales. We work with another company that hires attorneys to get the money out for you and
pays you 10% of the money being held upfront and of course more when they successfully get
the money out. In this case, they’d offer you ((10% of the gross amount due to the claimant))
just to start the process. I’d like to put them in touch with you at this number. What is a good
time to call?’.

If they ask what the final payout will be, or ask why you can’t do this yourself –

57 | P a g e Premiere Surplus Partnership 16


‘They have to look at their risk, attorney cost, and other factors to give you the best possible
deal. I find folks for them and they take it from there. Is there a preferred time to have them
call?’

When you have the okay, they are not already claiming the funds, and they are not working
with someone else, tell them to expect a call from Greater Good Company and turn the file in
as outlined on the submissions page. Do not turn in a file when they won’t talk to you and
you’re thinking ‘we’d have better luck’. Your job is to research ownership and debt, find the
people, and prequalify them.

**do not mention the company name unless they are willing to talk to us, aren’t already
making a claim, and are not working with someone else. If we find that you are ‘dropping our
name’ to folks who are not interested in working with us, we reserve the right to end our
independent contractor agreement with you. We have worked extremely hard to have an A+
Better Business Rating and take that seriously.

However, whenever someone says that they are not willing to talk to you, hang up on you,
don’t believe you, send them the following letter:

((Date of mailing))

To: ((claimant’s(s’) name))

Fr: ((your name, and name of your company, llc, etc, where applicable))

Re: Unclaimed funds

Dear ((claimant’s(s’) name)),

Hello! We attempted to contact you regarding an overage that was created by the foreclosure
of property at ((property street address)) on ((date of sale)). The overage amount is ((overage
amount)) and our affiliating company – GGC – is prepared to offer you ((10% of the amount
held)) upfront as good faith money, with more when they successfully retrieve the funds.

GGC will also hire an attorney on your behalf, and never charges a fee. They have an A+ rating
with the Better Business Bureau and have thousands of inquiries with no complaints.

We respect your decision to not work with us. We are, at this point, going to re-check to see if
there is a creditor with a possible claim to the funds, and work with them.

58 | P a g e Premiere Surplus Partnership 16


If, however, you would like to hear our offer before we go forward with working with creditors
instead to claim this money, please contact us at ((your phone number)) between the hours of
((your business hours and time zone)).

Respectully,

((your name and name of your company where applicable))

((your address))

((your website))

((rightfulownerproject.org logo here, once you’ve been approved for that system and you’ve
either paid for that or received a membership as part of a package)).

If someone says that they are already claiming the funds or are working with someone else,
send them the following letter:

((Date of mailing))

To: ((claimant’s(s’) name))

Fr: ((your name, and name of your company, llc, etc, where applicable))

Re: Unclaimed funds

Dear ((claimant’s(s’) name)),

We would like to talk to you about working with us about an overage that was created by the
foreclosure of property at ((property street address)) on ((date of sale)). The overage amount is
((overage amount)) and our affiliating company – GGC – is prepared to offer you ((10% of the
amount held)) upfront as good faith money, with more when they successfully retrieve the
funds.

GGC will also hire an attorney on your behalf, and never charges a fee. They have an A+ rating
with the Better Business Bureau and have thousands of inquiries with no complaints.

We respect your decision to not work with us. If you change your mind, or it doesn’t work it as
planned for you, please don’t hesitate to call us at ((your phone number)) between the hours of
((your business hours and time zone)).

Respectully,

59 | P a g e Premiere Surplus Partnership 16


((your name and name of your company where applicable))

((your address))

((your website))

((rightfulownerproject.org logo here, once you’ve been approved for that system and you’ve
either paid for that or received a membership as part of a package)).

The process – database management:


Guys, finding people and getting them to respond is a process. It takes time to get a response.
It takes multiple contact attempts to get a response. You will need a way to keep track of your
contact attempts and to make sure nothing falls through the cracks.

We use ACT software, because it is so incredibly easy to customize. It is a little ‘clunky’ but it
works great, has a good interface, and you can create whatever field you want.

The process – rotation:


For surplus funds/overages, we recommend the following rotation.

First day – call the claimant and – if you wish – all of their possible relatives and associates if
you’re using a system that gives you that. Send at least a letter to the address you come up
with, and to the property address if different. Be sure to also send a letter to an address listed
on the deed as a contact address for the owner, if different than the address of the foreclosed
upon property.

The initial letter can be a letter or a postcard. If you are going to use a postcard, we
recommend vistaprint.com for great options and ease of use, great templates and great prices.

60 | P a g e Premiere Surplus Partnership 16


The letter should read:

((todays date))

To: ((claimant’s(s’) name)) *even if you’re sending to a relative, put claimant’s name on there.
Then, if they call, they can tell you who it is addressed to and you can find the file based on
claimant name, not mailed to name*

Fr: ((your name and your company name if applicable))

Re: Court held funds.

Dear ((claimant’s(s’) name)),

Hello! I am writing to you regarding funds being held that resulted from a foreclosure of your
property at ((address of property)), on ((date of foreclosure)).

The property sold for more money than the debt that was collecting against it through the
foreclosure. Those funds can be claimed.

I am an asset recovery professional and recover these type of funds full time. I am associated
with a company that hires attorneys to claim the funds (even where ‘not necessary’), gives you
upfront good faith money when you start working with them, and fights potential creditors on
your behalf. You are never charged a fee, even if the claim is unsuccessful.

I’d like a few minutes of your time when you have an opportunity, to discuss this process. You
can reach me at ((your phone number)), ((times available)) ((time zone)).

Respectfully,

((your name and your company name if applicable))

((your mailing address))

((your website if applicable))

((rightfulownerproject.org logo here if applicable))

2nd contact – send the letter or postcard again, and make all calls no later than 1 week from the
first set of calls, preferably within 3 days.

61 | P a g e Premiere Surplus Partnership 16


3rd contact – Make all calls no later than 10 days from the first set of calls, preferably within 7
days. Now you also send the following takeaway letter to all addresses:

((todays date))

To: ((claimant’s(s’) name)) *even if you’re sending to a relative, put claimant’s name on there.
Then, if they call, they can tell you who it is addressed to and you can find the file based on
claimant name, not mailed to name*

Fr: ((your name and your company name if applicable))

Re: No response to contact.

Dear ((claimant’s(s’) name)),

Hello! I am writing to you regarding funds being held that resulted from a foreclosure of your
property at ((address of property)), on ((date of foreclosure)).

You have not responded to our calls or mailings about this.

We have to assume that you are not interested in recovering these funds, have already started
the process, or simply don’t believe that the funds exist.

This letter is to give notice that because you have not responded, we will attempt to find
any/all creditors that may be entitled to the funds being held.

We will attempt to do this in one week.

Respectfully,

((your name and your company name if applicable))

((your phone number and office hours and time zone))

((your mailing address))

((your website if applicable))

((rightfulownerproject.org logo here if applicable))

After sending that letter, do a google search of the claimant’s name(s) with ‘judgment’ after
their name in the search. You’d be surprised how well that works. If you are working your local

62 | P a g e Premiere Surplus Partnership 16


area, you can also search the claimant’s name on the public access computer in the courthouse
for judgments.

4th contact + - do further contact attempts monthly, using the phone, for 4th and 5th attempts.
For 6th attempt, re-run the client info through whatever system you are using to locate them to
see if there is a new address or phone number. Even if there is no new number or address,
send mailings and make calls.

Note about deceased claimants:


1. If there is more than one person on the deed, you can go after whoever is alive, as long
as you can contact enough people to claim $15K and there is no less than $10K to go
after per person.

2. If all claimants have passed away, you are welcome to attempt to find the heirs. Plug in
the deceased’s name into Google™ followed by ‘obituary’ and the name of the city,
county or state. Obituaries will typically give heirs and sometimes even the state where
they live. Send mailings to heirs but UNDERSTAND that we will NOT work the file unless
we have a copy of a will or an estate file that specifies who was due the property, AND
the executor is willing to talk to us. Ask for the will. If there was no will, ask for the
estate file. If we have a copy of the estate file(also called probate file) and you have
contacted the executor and they are willing to work with us, great. Very important – if
the owner died prior to the auction, the above will work – estate file with executor on
board or will with executor on board talking to us. If the claimant died after the
property was sold, a will showing the disbursement of the real estate will not count
because the property was no longer in the possession of the deceased. So if the owner
at the time of the sale has since died, a will does not work – only an estate file with the
executor on board.

3. If there were claimants on the deed and their names were followed by the words
‘married’ or ‘husband and wife’, or tenants ‘with right of survivorship’ and one of them
died before the foreclosure, the surviving spouse is entitled to all of the funds. All
conditions above must be met for this to be the case. If they weren’t married but the
term ‘with rights of survivorship’ is included after their names on the deed, and one
died before the foreclosure – the surviving deed holder is entitled to all funds. In this
case, we do not need a will. But we will need a copy of the death certificate. Ask for it.

63 | P a g e Premiere Surplus Partnership 16


4. If there were claimant on the deed and their names were followed by the words
‘married’ or ‘husband and wife’, or tenants ‘with right of survivorship’ and one of them
died AFTER the foreclosure, the surviving spouse is only entitled to their half. The rest –
the deceased person’s share – is divided up among all of that person’s heirs – kids from
previous marriages, kids from current one, etc. So, if one of the two deed holder’s died,
assume that you can only go after the ½ of the surplus due the deed holder. Unless
specified otherwise, multiple deed holders are given equal ownership. So if there’s 2 –
50%; if 3 – 33.333%; etc.

Areas we will not work:

Oregon, Washington State, Washington DC, Colorado. Florida is a separate program and only
Florida system users can turn in files from there.

**this ends the premiere 16 program. The rest of the program – that follows – is designed to
help those who wish to work this system on their own. Please understand that it is written to
do this business like we do it – using structured buyouts and always hiring attorneys.

64 | P a g e Premiere Surplus Partnership 16


Want to work overages without us? Here you go!
1. Contacting claimant(s) to put a deal together.
2. Retrieving the funds.

Copyright 2020 the-results-team.com, inc. All rights reserved. We protect and enforce our
copyright. You do not have the right to share, disburse, re-sell, or in any way distribute this
ebook in whole or in part.

‘Hi, this is ((your name)) ((with your company name where applicable)). I’m trying to reach
((claimant(s) name)), who owned the property at ((property address)) until it was recently sold
at ((tax deed sale or mortgage foreclosure, whichever applies)). The property sold for more
money than the debt against it, resulting in an overage that may be due to ((claimant’s
name(s))). I’d like to talk to ((claimant’s(s’) name)) about helping them recover that money’.

When they call/respond or if you catch them on the phone immediately:

If they are responding to a text: They will ask about the text. Take control of the conversation.
If they want you to text information, text ‘I will call you’ and call immediately.

First – if they call in:

‘Hi, thanks for calling. This is ((your name)) ((with your company name if applicable)). What is
the name on the ((call, text or email – they’ll tell you which they’re responding to)) you
received? And are you ((repeat the name on the mailing or on the text or voicemail)?’

If their name does not match, ‘Okay, do you know the person I am trying to reach- that should
have been ((left on the voicemail, texted, mailed))? If yes – ‘Okay, I need to speak with them
about this. What is the best contact number you have for them?’. If no – ‘I’ll remove you from
our lost, sorry for the misunderstanding’.

If their name matches, ‘Okay, I should have also included a property address that, if you’re the
right person, was a property you owned and was lost to a tax sale or mortgage foreclosure. Did
you own that property?’.

If yes – ‘Okay, need to pull the file on this so that I can see how much is being held, and what
we can offer you. Have you already started the process of claiming this money?’

If yes – ‘Okay, I appreciate you responding. I’ll take you off the list’. Hang up.

If no – ‘Okay, I’ll go retrieve the file and call you back. Is this the best number to call back on?
And, what’s good time for you?’.

65 | P a g e Premiere Surplus Partnership 16


On your return call:
‘Hi, ((claimant name)), this is ((your name))((with your company name where applicable)). I
have the file in front of me now. This is in regards to money created from the sale of property
you owned at ((property street address)) that was ((sold at a tax sale – or – foreclosed on,
whichever applies)) on ((date of foreclosure)).

The property sold for ((sales price)), but there was only ((debt amount foreclosed on or taxes
that were owed)). That created an overage of ((amount of overage)).

My company researches ownership and possible claimants to overages from tax and mortgage
sales. We hire attorneys to get the money out for you and we pay you 10% of the money being
held right after you agree to work with us and more when they successfully get the money out.
In this case, I can offer you ((10% of the gross amount due to the claimant)) just to start the
process and ((whatever additional amount you can pay them later – we recommend you pay
them no more than 50% total)). We pay for the attorney which typically runs us 10-13%, and
cover all the costs even if we are unable to retrieve the entire amount.

If they question the final payout amount –


‘I make an offer based on risk, attorney cost, and other factors to give you the best possible
deal. Of course, I put the initial good faith money of ((approx 10% of the gross)) into your hands
within two weeks of when you sign the agreement.’

When they agree to work with you –


‘Great. I’ll have a mobile notary call you to set up the signing of our documents. They will
come to you, at your convenience at whatever location you would like. You’ll be signing the
buyout agreement we just discussed and a power of attorney to our attorney. Is this the best
number to have the mobile notary call?’

**do not work with them if they’re already making a claim, and are not working with someone
else. Don’t attempt to make them cancel an agreement in force.

Whenever someone says that they are not willing to talk to you, hangs up on you, doesn’t
believe you, send them the following letter:

((Date of mailing))

To: ((claimant’s(s’) name))

Fr: ((your name, and name of your company, llc, etc, where applicable))

66 | P a g e Premiere Surplus Partnership 16


Re: Unclaimed funds

Dear ((claimant’s(s’) name)),

Hello! We attempted to contact you regarding an overage that was created by the foreclosure
of property at ((property street address)) on ((date of sale)). The overage amount is ((overage
amount)) we are prepared to offer you((10% of the amount held)) upfront – a week after you
sign our documents- as good faith money, and ((rest you’ll pay)) when we successfully retrieve
the funds.

We will also hire an attorney on your behalf, and never charge a fee.

We respect your decision to not work with us. We are, at this point, going to re-check to see if
there is a creditor with a possible claim to the funds, and work with them.

If, however, you would like to revisit our offer before we go forward with working with
creditors instead to claim this money, please contact us at ((your phone number)) between the
hours of ((your business hours and time zone)).

Respectully,

((your name and name of your company where applicable))

((your address))

((your website))

((rightfulownerproject.org logo here, once you’ve been approved for that system and you’ve
either paid for that or received a membership as part of a package)).

If someone says that they are already claiming the funds or are working with someone else,
send them the following letter:

((Date of mailing))

To: ((claimant’s(s’) name))

Fr: ((your name, and name of your company, llc, etc, where applicable))

Re: Unclaimed funds

67 | P a g e Premiere Surplus Partnership 16


Dear ((claimant’s(s’) name)),

King with us about an overage that was created by the foreclosure of property at ((property
street address)) on ((date of sale)). The overage amount is ((overage amount)) and we are
prepared to offer you ((10% of the amount held)) upfront as good faith money, and ((rest of
amount you are offering, total between this and 10% upfront not to exceed 50%, is our
recommendation)) when we successfully retrieve the funds.

We will also hire an attorney on your behalf, and never charge a fee.

We respect your decision to not work with us. If you change your mind, or it doesn’t work it as
planned for you, please don’t hesitate to call us at ((your phone number)) between the hours of
((your business hours and time zone)).

Respectully,

((your name and name of your company where applicable))

((your address))

((your website))

((rightfulownerproject.org logo here, once you’ve been approved for that system and you’ve
either paid for that or received a membership as part of a package)).

The process – database management:


Guys, finding people and getting them to respond is a process. It takes time to get a response.
It takes multiple contact attempts to get a response. You will need a way to keep track of your
contact attempts and to make sure nothing falls through the cracks.

We use ACT software, because it is so incredibly easy to customize. It is a little ‘clunky’ but it
works great, has a good interface, and you can create whatever field you want. However,
something as simple as an excel worksheet system would work as well.

The process – rotation:


For surplus funds/overages, we recommend the following rotation.

68 | P a g e Premiere Surplus Partnership 16


First day – call the claimant and – if you wish – all of their possible relatives and associates if
you’re using a system that gives you that. Send at least a letter to the address you come up
with, and to the property address if different. Be sure to also send a letter to an address listed
on the deed as a contact address for the owner, if different than the address of the foreclosed
upon property.

The initial letter can be a letter or a postcard. If you are going to use a postcard, we
recommend vistaprint.com for great options and ease of use, great templates and great prices.

The letter should read:

((todays date))

To: ((claimant’s(s’) name)) *even if you’re sending to a relative, put claimant’s name on there.
Then, if they call, they can tell you who it is addressed to and you can find the file based on
claimant name, not mailed to name*

Fr: ((your name and your company name if applicable))

Re: Court held funds.

Dear ((claimant’s(s’) name)),

Hello! I am writing to you regarding funds being held that resulted from a foreclosure of your
property at ((address of property)), on ((date of foreclosure)).

The property sold for more money than the debt that was collecting against it through the
foreclosure. Those funds can be claimed.

I am an asset recovery professional and recover these type of funds full time. I hires attorneys
to claim the funds (even where ‘not necessary’), give you upfront good faith money when you
start working with us, and have my attorney fight potential creditors on your behalf. You are
never charged a fee, even if the claim is unsuccessful.

I’d like a few minutes of your time when you have an opportunity, to discuss this process. You
can reach me at ((your phone number)), ((times available)) ((time zone)).

Respectfully,

((your name and your company name if applicable))

((your mailing address))

69 | P a g e Premiere Surplus Partnership 16


((your website if applicable))

((rightfulownerproject.org logo here if applicable))

2nd contact – send the letter or postcard again, and make all calls no later than 1 week from the
first set of calls, preferably within 3 days.

3rd contact – Make all calls no later than 10 days from the first set of calls, preferably within 7
days. Now you also send the following takeaway letter to all addresses:

((todays date))

To: ((claimant’s(s’) name)) *even if you’re sending to a relative, put claimant’s name on there.
Then, if they call, they can tell you who it is addressed to and you can find the file based on
claimant name, not mailed to name*

Fr: ((your name and your company name if applicable))

Re: No response to contact.

Dear ((claimant’s(s’) name)),

Hello! I am writing to you regarding funds being held that resulted from a foreclosure of your
property at ((address of property)), on ((date of foreclosure)).

You have not responded to our calls or mailings about this.

We have to assume that you are not interested in recovering these funds, have already started
the process, or simply don’t believe that the funds exist.

This letter is to give notice that because you have not responded, we will attempt to find
any/all creditors that may be entitled to the funds being held.

We will attempt to do this in one week.

Respectfully,

((your name and your company name if applicable))

((your phone number and office hours and time zone))

((your mailing address))

70 | P a g e Premiere Surplus Partnership 16


((your website if applicable))

((rightfulownerproject.org logo here if applicable))

After sending that letter, do a google search of the claimant’s name(s) with ‘judgment’ after
their name in the search. You’d be surprised how well that works. If you are working your local
area, you can also search the claimant’s name on the public access computer in the courthouse
for judgments.

Remember, judgments that were in place against the claimant also have a priority claim against
the surplus/overage so the reason you have put in the time delay between document signing
and the first payout is to allow time to have the attorney check for judgments.

4th contact + - do further contact attempts monthly, using the phone, for 4th and 5th attempts.
For 6th attempt, re-run the client info through whatever system you are using to locate them to
see if there is a new address or phone number. Even if there is no new number or address,
send mailings and make calls.

Always address every mailing to the claimant, even if you are sending it to an associate or
family member. This is because they will also forward it, and you now have a reference point
for if they call in – you can find the correct file.

Always review returned mail. Often, the forwarding address has expired, but the post office
still puts the forwarding address on the mail when they return it to you. In addition, use the
returned mail to cross off addresses you are attempting to use to contact the people. Always
hand address the mailings, and use a regular stamp when you mail.

The forms that we use to put a deal together follow. Notes:


1. The structured buyout agreement is between you and the claimant. It does not have to
be recorded at the court. The attorney you use will want to use it, because they will use
that to break out the funds, if they are willing to use their trust account to do that. It is
not a part of the attorney’s petition to retrieve the monies, because the attorney is
retrieving the funds in the claimant’s name.
2. The power of attorney is between the claimant and the attorney you choose. You will
need to have the attorney review this, as they will want to change verbiage and tweak
it. While there is a video on finding and talking to attorneys, we recommend that you
find a local attorney you like and have them set you up with attorneys that are local to
the claim.
3. We have the mobile notary copy – or take a clear picture of – the social security card
and the driver’s license. This is in case the court asks for it. Mobile notaries can be
found by simply googling™ ‘mobile notary’ followed by county and state the mobile
71 | P a g e Premiere Surplus Partnership 16
notary will have to be in to visit the folks. We pay $100 – twice the average – for the
mobile notary to work quickly and to send us the forms back using our fedex number.
You may want to save money and have them regular mail it to you, and can probably
pay as little as $50. Email them the forms and, if possible, an overnight label using your
fedex account number, to email it back. Structured Buyout Agreement:

72 | P a g e Premiere Surplus Partnership 16


UNCLAIMED FUNDS BUYOUT AGREEMENT
Sale of Rights and Interests

This Agreement between ((your name and your company name)), asset recovery
professional (ARP) and ((claimant’s name)) (Original Claimant or OC); shall be binding and
inure to the benefit of both parties.

Whereas, ARP has identified unclaimed funds held by a third party which it reasonably
believes OC may have the right to claim in whole or in part; and

Whereas, OC has not made any attempt to claim such funds; and

Whereas, the parties acknowledge and agree that OC’s right to claim such funds constitutes
an expectancy that may produce significant, minimal or no future cash value; and

Whereas, OC acknowledges and understands that ARP enters into this Agreement with an
expectation of making a profit; and

Whereas, OC acknowledges that he/she has been advised of the desirability of seeking and
has been given a reasonable opportunity to seek the advice of independent legal counsel
regarding this Agreement; and

Whereas, OC acknowledges that he/she does not have sufficient information about the
unclaimed funds to make any determination as to whether they in fact have any right to
claim such funds; and

Whereas the parties have mutually agreed that is in the best interests of both parties to
enter into this Agreement;

Now, therefore, the parties mutually agree that:

1. OC hereby conveys to ARP all of its right, title and interest in and to such unclaimed
funds, up to a maximum amount of $((amount being held)) (which is the amount believed
to be held by the court and due to the OC). Any monies collected above this amount are to
be paid to OC upon receipt.

2. In exchange for such rights, title and interest, ARP shall pay to OC the sum of $((total
dollar you will pay them)), payable in installments as follows:

a. $((upfront amount)) due and payable with two weeks of execution of this
Agreement, which amount shall be non-refundable.
b. $((the rest of the payments)) due and payable immediately following the court
approving the release of the funds, which amount shall be nonrefundable.

73 | P a g e Premiere Surplus Partnership 16


3. OC understands that OC is selling all rights and interests in and to such to such
unclaimed funds that OC may have. OC agrees that the amount shown in section 2 above is
reasonable and acknowledges that it is in no way unconscionable, particularly in light of
the facts that ARP is paying over funds to OC without any guarantee that OC will
successfully claim the unclaimed funds, that OC will benefit from the possession and use of
such funds prior to completing a claim for the unclaimed funds, that ARP has contributed
its experience, skills and insights, all of which OC does not possess, in order to locate and
identify the unclaimed funds and to locate OC and notify OC of the existence of the
unclaimed funds, and that ARP is assuming all risks of loss of the initial non-refundable
payment as described above. OC hereby waives any and all rights to bring an action against
ARP on the grounds that the amount of consideration paid by ARP is insufficient or
unconscionable.

4. ARP shall, in addition to paying the funds described above, assist OC in obtaining counsel
to assist OC with filing a Petition to claim the unclaimed funds, and shall provide such
additional assistance as OC and OC’s counsel may reasonably request in preparing a
Petition to claim the unclaimed funds.

5. OC makes no claims and gives no warranties to ARP regarding any right OC may have to
claim all or any portion of the unclaimed funds.

6. In the event that OC has not successfully claimed the unclaimed funds within one year
after execution of this Agreement, or if at any time during the term of this Agreement a
third party successfully claims all or some portion of the unclaimed funds, ARP may, at its
option, terminate this Agreement and demand payment from OC of all refundable amounts
then paid to OC by ARP as per Section 2 above. In the event that ARP elects to terminate
this Agreement, OC shall pay over to ARP all refundable amounts within ten (10) days of
receipt of ARP’s demand for payment.

7. OC hereby acknowledges and understands that ARP does not and shall not represent OC
in any legal capacity and that neither this Agreement nor any related document,
correspondence, or oral agreement shall be interpreted as to create a partnership, joint
venture, or attorney-client relationship between the parties.

8. OC acknowledges that they are entering into this Agreement without coercion, duress or
undue pressure or influence.

9. OC hereby acknowledges and understands that ARP has invested significant time, effort
and money in identifying the unclaimed funds and under the terms of this Agreement has a
vested interest in such funds. OC shall instruct their counsel to pay directly to ARP any and

74 | P a g e Premiere Surplus Partnership 16


all successfully claimed funds, up to the maximum amount first written above, within ten
(10) days of receipt of such funds, which payment shall constitute OC’s full performance
under the terms of this Agreement.

10. OC acknowledges that third parties, known or unknown to OC and/or ARP, may
attempt or be attempting to make claims to such funds by, through or under OC. To the
extent that such third parties successfully claim all or some portion of the unclaimed funds,
OC and ARP hereby agree that the total amount of payments due to OC by ARP under
Section 2 of this Agreement shall be reduced proportionally to the amount of funds
successfully claimed by such third parties.

11. This agreement shall be construed and interpreted in accordance with the laws of the
State of ((state where you are located)).

________________________________ Date_________________

Claimant Signature Claimant’s name ((typed))

State of _______________)
County of ______________)

Before me, ______________________, on this day personally appeared


, and acknowledged to me that he/she executed the foregoing instrument for the
purposes and consideration therein expressed.

Given under my hand and seal of office this _______ day of _______________, 20____.

_______________________Notary Public _______Date (OFFICIAL SEAL)

Power of Attorney, between the claimant and the attorney:

75 | P a g e Premiere Surplus Partnership 16


LIMITED POWER OF ATTORNEY
I,, CLIENT/MEMBER, ((claimant name)), residing at ((claimant’s address)), being of legal age and mentally
competent, do hereby designate ((attorney you will use)), an attorney licensed by the state of ((state where
attny licensed)), as my true and lawful attorney-in-fact, only for the limited purpose of recovering monies
and/or property being held by the court.

Attorney shall have the following limited powers:


1. Execute any and all agreements related to making legal claim to funds held by the court
system;

2. Receive the check for the funds and/or property and use our trust account to disburse funds
for attorney costs and to satisfy any/all agreements in place;

3. Conduct all necessary ministerial and custodial functions as required and provide our
address to the court as your address for any notification or receipt of checks;

4. Prepare, sign and file any documents or forms and conduct notification as
described/required by the court, that may be required in these matters and to deal with the
Clerk of the Court and any other County or State court officer as needed, and

5. Represent me in all matters including but not limited to petitioning the court, relating to, or
as may be required for or necessary to, the successful recovery of the funds.

6. Provide any/all information required by the court necessary to claim the funds.

I authorize Attorney to manage my participation in and administration of my account. I hereby ratify


Attorney’s actions or inactions related to this Limited Power of Attorney.

This Limited Power of Attorney is effective upon execution and is not affected by my subsequent disability or
incompetence. I reserve the right to revoke this Limited Power of Attorney with written notice, if the special
proceeding is not in petition within three months of signing this agreement. I hereby indemnify and hold
harmless any person who, in good faith, acts under this Limited Power of Attorney or transacts business with
Attorney, or persons associated with Attorney.

This Limited Power of Attorney is made this _______ day of ______________________, 20___.

Client/Member:_______________________________________
(Signature) ((Client’s name, claimed))

On __________________[DATE], the above signed, appeared before me and proved to my satisfaction that he/she is
the person whose name is subscribed to this Durable Power of Attorney, and acknowledged the due
execution of the foregoing instrument.

_____________________ [Notary's Name]; Notary Public, ______________________[COUNTY, ST]

My commission expires ______________.

Okay, let’s assume that the ex-owner is not entitled to the funds, but instead a judgment or lien holder
is. In this instance, you have 2 ways to go after the funds:

76 | P a g e Premiere Surplus Partnership 16


1. You can buy the judgment or lien, record the assignment that they will give you at the court
house, and then go claim the funds AS THE CREDITOR. You are are now the creditor first in line
to receive the funds. The benefit to using this technique is that you can often buy the judgment
or lien for as little as 5%. Of course, you are looking at the amount you can retrieve, over the
amount of the judgment or lien. In other words, if it’s a $300,000 judgment and you can collect
$15,000 in surplus funds, you wouldn’t offer 5%. In that instance, you’d be paying $15,000 to
get $15,000, and would lose money after court and attorney fees.

2. You can work as a judgment recovery person. They assign the funds to you to collect. You have
an agreement in place to pay them a percentage. Usually, I would offer 50% of net, if there is
enough to go after. Net is defined as the total recovery amount, less any court and attorney
fees.

Okay, now you have the agreements back, what do you do?
Petition
1. During the course of attempting to contact folks you should also have been contacting attorneys
in your area. The best way to is create a relationship with a local attorney and use them to find
attorneys for local retrievals. Another way to find an attorney that can do this is to open a file
where the funds were retrieved. The attorney’s name will be in the file that successfully
retrieved the funds. Contact that attorney. We generally offer 10% of the gross amount held
for the retrieval – due when the attorney successfully retrieves the funds, and we also pay the
court costs associated with filing for the funds upfront.
2. When we get the agreements back, we immediately have the attorney hire a paralegal to pull
the title on the property to doublecheck our title work. The paralegal generally costs the
attorney about $50 because the title is not certified – it is a ‘snapshot title’ of the debt against
the property just before the foreclosure was finalized. We pay the attorney $125 to have this
done quickly, and to review the abstract of title – the title summary the paralegal gives them –
to make sure that the title is right, and I’m working with the right claimant.
3. If the title was correct, have the attorney start the petition, and send the initial buyout check to
the claimant.

*Note – even if the county allows for retrieval without an attorney, use an attorney. We
can’t be any more blunt and upfront than this – if you are attempting to retrieve the funds
without an attorney, you are an idiot. The court gives attorneys more weight, pays out
quicker, and works as they should, with an attorney.

77 | P a g e Premiere Surplus Partnership 16

You might also like