Legal Question in Real Estate Law in California

My house was foreclosed upon last year and their is a surplus of funds that I've been trying to collect. I hired an attorney to help me with this and I have yet to see those funds. It's been close to a year this is going on. Does it really take this long to pay out these Funds? What is the average time line to do so? I feel.like my attorney is not looking out for my best interest and because of all the delays in receiving these funds I have had to a large number of expenses and lost all my furniture to my home because i have yet to receive these funds. What can I do to get these funds and should I file a.compliant ==4


Asked on 1/31/17, 2:44 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If a foreclosure sale has actually taken place and there were no irregularities, the trustee would then, upon advice of his/her/its legal counsel, distribute and surplus proceeds that remain after paying off the foreclosing lienholder and the costs of sale to other, usually junior, lienholders. I'm rather surprised that (a) it was necessary to retain an attorney, and (b) that the attorney hasn't been able to collect or give you a satisfactory explanation why no funds are collectible. Have you tried contacting the trustee directly? I see maybe four possibilities here: The trustee is crooked; the trustee is incompetent; there are complications in determining the rights of junior lienholders; or you misunderstand the existence of surplus funds. I cannot speculate on which is the more likely. However, it is rather clear that you and your attorney are not communicating properly. Possibly you might need to file a complaint against the attorney with the California State Bar, but exhaust all reasonable opportunities to get an explanation from him/her first.

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Answered on 2/01/17, 11:07 am


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