Surplus Pro Pack Bundle 2023 (1) (2)
Surplus Pro Pack Bundle 2023 (1) (2)
Surplus Pro Pack Bundle 2023 (1) (2)
Table of Contents
1. National Surplus Funds pg 2
2. Premiere Surplus Partnership 16 pg 80
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.
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:
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.
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
‘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.
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
The letter/email –
To: (name of person and their title, and their department that you are attempting to reach)
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)
Good morning (if you are emailing, use whatever is appropriate – good afternoon, good evening, etc.).
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.
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.
Respectfully,
(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.
- 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.
**You hardly ever get this question, but if they ask why you are asking for the list, respond
with, “I am researching these funds”.
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.
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
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 -
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
Mortgage release
Open to view the details to make sure it is in fact a release of mortgage and a full release.
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.
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
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
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.
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.
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.
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.
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.
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.
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):
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.
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
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.
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),
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
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.
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!
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.
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
CASE # _______ (a) _____________ DATE RECORDED___ (b) ______ ORIGINAL AMOUNT_____ (c) _________
CURRENT AMOUNT INCLUDING INTEREST ACCRUED, ETC. ___________ (d) ________________
Creditor ______________ (e) _________________________
____________ (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.
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
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.
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.
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.
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;
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.
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
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_________________
State of _______________)
County of ______________)
Given under my hand and seal of office this _______ day of _______________, 20____.
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.
b. Cannot change the beneficiary on any life insurance policy that I own;
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
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_________________
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.
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.
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.
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.
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.
In addition to having the creditor sign an assignment agreement – the agreement that preceded
this – you will want the following signed:
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.
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.
*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.
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.
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Millionaire/129248203922534
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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.
- 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.
• 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)
‘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.
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
The letter/email –
To: (name of person and their title, and their department that you are attempting to reach)
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)
Good morning (if you are emailing, use whatever is appropriate – good afternoon, good evening, etc.).
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
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.
Respectfully,
(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.
- 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.
**You hardly ever get this question, but if they ask why you are asking for the list, respond
with, “I am researching these funds”.
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.
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.
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 -
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
Mortgage release
Open to view the details to make sure it is in fact a release of mortgage and a full release.
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.
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
Enter the file information – This is taken from the research eariler in this example. Required
fields must be entered to submit this form.
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.
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.
Resources and Referrals Page for this Ebook – Videos, additional information –
http://www.surplusfundsriches.com/premiere16resourcespage.htm
----------------------------------------------------------
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
‘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.
- 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.
- 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.
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.
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
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’.
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?’.
‘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 –
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))
Fr: ((your name, and name of your company, llc, etc, where applicable))
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.
Respectully,
((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))
Fr: ((your name, and name of your company, llc, etc, where applicable))
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,
((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)).
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.
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.
((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*
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,
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.
((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*
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)).
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.
Respectfully,
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
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.
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.
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.
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’.
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.
‘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?’.
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.
**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))
Fr: ((your name, and name of your company, llc, etc, where applicable))
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 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))
Fr: ((your name, and name of your company, llc, etc, where applicable))
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 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)).
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 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.
((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*
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,
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*
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)).
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.
Respectfully,
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.
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;
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.
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
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_________________
State of _______________)
County of ______________)
Given under my hand and seal of office this _______ day of _______________, 20____.
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.
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.
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:
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.