Legal Question in Real Estate Law in Texas

I had a surplus in escrow in 2011 when my home went into foreclosure. I paid all of the fees to get my home out of foreclosure (past due, late fees and attorney fees). I was told once my account was current; I would receive my escrow check, but I never received it. My home went into foreclosure again in 2012 and I was not able to pay to keep my home this time. I never did receive the escrow check from 2011 and I had a surplus for 2012 as well. Am I still entitled to the escrow from 2011 since I paid all of the fees and brought my account current?

Asked on 2/06/13, 7:58 am

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Probably not. It went into the foreclosure "pot" to go toward attorney fees and costs. You are entitled to make application to the foreclosing trustee for any excess proceeds from the foreclosure sale if the house sold for more that what was owed plus costs of the foreclosure.

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Answered on 3/31/13, 3:51 am

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