Review Final Judgment
The first step is for our lawyers to review the Final Judgment and then to review the foreclosure bid sheet and disbursement form. This will allow our attorneys to determine the amount of funds being held.
Determine Junior Lienholders
The second step will be to determine what other parties or entities will be making a claim for the surplus and to determine what the priority is for each claimant.
Prepare Your Motion
The next step for collecting your funds is to prepare a Motion for Disbursement with the Court. This Motion will request the Court to issue an Order to disburse the surplus funds.
Copies of Motion
The next step is to have your Motion properly filed with the Court and then having the Motion properly served on all parties and/or claimants. This will require the Motion be properly served either in person or by mail. A proper proof of service must be filed with the Court.
Setting a Hearing
The next step is to set a Hearing before the Judge who is assigned to your case. The Judge will Specially Set a Hearing to determine who is entitled to surplus funds.
The next step is to attend a hearing before a Judge. At this hearing, we will argue on your behalf as to priority and your entitlement to surplus funds being held.
The final step is to prepare the appropriate Order and have the Court execute the Order so that the funds can be disbursed.