Please reach us at Patty@effandassociates.com if you cannot find an answer to your question.
In Arizona, a home is typically foreclosed through a process known as a trustee sale. A trustee's sale is when an individual or firm (the trustee) holds an auction to sell a home in an attempt to recover the balance owed to the foreclosing lender.
For Excess proceeds, by law, the trustee has up to 90 days after the sale to disburse the excess proceeds. The funds are deposited with the County Treasurers office in the County where the sale took place.
For State held funds Property is considered unclaimed when there has been no owner contact for a specified period of time, usually between 1 and 3 years.
Often property becomes unclaimed because the company that holds the funds has an outdated or wrong forwarding address for its customer and in some cases, a person passes away with no family members aware of the assets.
Excess proceeds can remain on deposit with the County Treasurer's office for up to 3 years. If no claim is filed within the 2 years, the County will presume the funds to be abandoned and transfer them to the Arizona Department of Revenue upon the 3rd year.
Unclaimed property or funds will be absorbed by the State 35 years after it was reported, you may submit a claim at any time during that period.
With excess proceeds ,if the court determines that a junior lien holder has a superior right to receive the proceeds, the court cannot issue an order disbursing the funds to the applicant within the first 180 days from the date the funds were deposited. If an application is not filed within the 180 days the property owner may file a claim.
All unclaimed property/funds with the State are free and clear of all liens, judgements, and mortgages.
With excess proceeds, No one can give you a concrete answer as this depends on whether there is a junior lien holder, the mailing process & the judge assigned to the case. The process can take anywhere from 6 months up to a year in some cases.
With unclaimed property/funds the State averages 90 days from the date the claim was received in their office and assigns it to a claim processor to process the claim.
No, unlike other companies we pay all up front costs to file the claim. We get paid when the funds have been successfully recovered. Should we not be successful in the collection of any property or funds you owe us nothing.
We locate our clients via, State & County public records, along with subscriptions to several proprietary database.
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