A “Sample Letter To The Clerk To Get Surplus Funds” is a request. It’s for money left over after a property sale. This usually happens after a foreclosure or tax sale. If the sale covers all debts, the extra money belongs to the former owner.
Need to write such a letter? You’re in the right place. We know it can be confusing. That’s why we’ve created this guide.
We’re sharing letter samples. These templates will help you ask for your surplus funds. Use them as a starting point. Make the letter your own.
Sample Letter To The Clerk To Get Surplus Funds
[Your Name]
[Your Address]
[Your City, State, Zip Code]
[Your Email Address]
[Your Phone Number]
[Date]
Clerk of Court
[Court Address]
[City, State, Zip Code]
**Subject: Request for Surplus Funds – Case Number [Case Number]**
Dear Clerk of Court,
I am writing to request the surplus funds remaining from the sale of property in the case of [Case Name], case number [Case Number]. The property address is [Property Address].
The sale occurred on [Date of Sale]. I believe I am entitled to these funds because I was the [Your Relationship to the Case, e.g., previous homeowner, lienholder].
Please let me know what steps I need to take to claim these funds. I am ready to provide any documents you require, such as proof of identification and documentation supporting my claim.
Thank you for your time and assistance.
Sincerely,
[Your Name]
How to Write Letter To The Clerk To Get Surplus Funds
Subject Line: Clarity is Paramount
Brevity and explicitness are key. The subject line should immediately telegraph the letter’s purpose. Avoid ambiguity; use precise wording. For instance:
- Subject: Claim for Surplus Funds – Case [Case Number] – Property Address
- Subject: Request for Disbursement of Surplus Funds – Auction [Auction Number]
Salutation: Establishing a Professional Tone
Begin with a formal salutation. While “To Whom It May Concern” is acceptable, addressing a specific individual is preferable if possible. Research the clerk’s name or the relevant department head.
- Dear [Clerk’s Name],
- Dear Clerk of Court,
- Dear Surplus Funds Department,
Introduction: Concisely Stating Your Intent
The opening paragraph should articulate your purpose with perspicacity. Identify the case and unequivocally state your claim to the surplus funds. Do not obfuscate your intentions.
- “I am writing to formally request the disbursement of surplus funds resulting from the foreclosure sale of property located at [Property Address], Case Number [Case Number].”
- “This letter constitutes a formal claim for surplus funds pertaining to Auction Number [Auction Number], previously owned by [Previous Owner’s Name].”
Body Paragraphs: Substantiating Your Claim
This section is the core of your letter. Provide irrefutable evidence of your entitlement to the funds. Include all pertinent details and documentation. Omissions can be detrimental.
- Clearly state your relationship to the property (e.g., former owner, lienholder).
- Reference the specific foreclosure case or auction.
- Provide the property address, case number, and auction number.
- Attach copies of relevant documents, such as the deed, mortgage, or lien release.
- Specify the exact amount of surplus funds you are claiming, if known.
- Explain the basis for your claim, meticulously outlining why you are entitled to the funds.
Contact Information: Facilitating Communication
Provide comprehensive contact details to ensure seamless communication. Include your full name, address, phone number, and email address. Inaccurate information can impede the process.
- Full Name: [Your Full Name]
- Address: [Your Full Address]
- Phone Number: [Your Phone Number]
- Email Address: [Your Email Address]
Closing: Maintaining Professional Courtesy
End the letter with a professional closing. Express your gratitude for their attention to the matter and reiterate your willingness to provide additional information.
- “Thank you for your time and consideration. Please do not hesitate to contact me if you require any further information.”
- “I appreciate your prompt attention to this matter and look forward to a favorable resolution. I am available to provide any additional documentation you may need.”
Signature and Enclosures: Finalizing the Letter
Sign the letter with your full legal name. List all enclosed documents to avoid any ambiguity. Incomplete submissions can cause delays.
- Sincerely,
- [Your Typed Full Name]
- Enclosures:
- Copy of Deed
- Copy of [Other Relevant Document]
Frequently Asked Questions: Obtaining Surplus Funds After a Foreclosure Sale
This section addresses common inquiries regarding the process of claiming surplus funds following a foreclosure sale. The information provided aims to clarify the steps involved in contacting the Clerk of Court to initiate this process.
1. What are surplus funds?
Surplus funds are the remaining money after a foreclosure sale when the property sells for more than the total debt owed to the lender, plus all fees, taxes, and costs associated with the sale.
2. How do I know if there are surplus funds from my foreclosure sale?
The Clerk of Court in the county where the foreclosure occurred will typically publish a notice or maintain records of surplus funds. Contacting the Clerk’s office directly is the most reliable way to ascertain if surplus funds exist from your specific case.
3. Who is eligible to claim surplus funds?
Generally, the former homeowner is the primary claimant. However, other parties, such as holders of junior liens (second mortgages, judgment liens, etc.), may also be eligible, depending on the order of priority and the specific circumstances.
4. What information should I include in my letter to the Clerk?
Your letter should include the case number, property address, your name (as it appeared on the mortgage), contact information, and a clear statement of your claim to the surplus funds. You may also need to provide proof of identity and ownership.
5. What happens after I submit my letter to the Clerk?
The Clerk will review your claim and may require additional documentation. If your claim is valid, the Clerk will typically hold a hearing to determine the rightful recipients of the surplus funds and disburse the funds accordingly.