Use this letter to formally demand surplus fund information from the trustee.
Send via Certified Mail (Return Receipt Requested)
[Your Name]
[Your Address]
[City, State, ZIP]
[Your Phone Number]
[Your Email]
[Date]
To: [Trustee Name or Foreclosure Attorney]
[Trustee’s Address]
Subject: Formal Request for Surplus Funds Information – Case #[Foreclosure Case Number]
Dear [Trustee’s Name],
I am writing to formally request information regarding the surplus funds resulting from the foreclosure sale of [Property Address] on [Sale Date] in [County Name].
As per foreclosure laws in [State Name], surplus funds must be distributed to the rightful parties in accordance with lien priority and applicable state statutes. I am requesting the following:
Confirmation of Available Surplus Funds
A Breakdown of Any Outstanding Liens or Claims on the Funds
Instructions & Required Documents for Filing a Surplus Funds Claim
I have attempted to obtain this information via [phone/email] on [Date(s) of Previous Contact Attempts], but I have not received a response.
Pursuant to [State Foreclosure Statute or County Rule, if applicable], I am entitled to request this information as an interested party. If this request is not fulfilled within [reasonable timeframe, e.g., 10 business days], I will escalate this matter to the County Court for intervention.
Please respond in writing to confirm the requested details. You may contact me at the phone number or email listed above.
Sincerely,
[Your Name]
[Your Company Name (if applicable)]
Use this Freedom of Information Act (FOIA) request to obtain surplus fund details from the county if the trustee is unresponsive.
Send to: The County Clerk’s Office or Surplus Funds DivisionMethod: Email, Mail, or Online FOIA Portal (if available)
[Your Name]
[Your Address]
[City, State, ZIP]
[Your Phone Number]
[Your Email]
[Date]
To: [County Clerk's Office / Public Records Division]
[County Address]
Subject: Public Records Request – Surplus Funds from Foreclosure Case #[Foreclosure Case Number]
Dear Records Officer,
Pursuant to the Freedom of Information Act (FOIA) [or applicable state open records law, if applicable], I am requesting access to the public records related to surplus funds from the foreclosure sale of [Property Address] on [Sale Date] in [County Name].
Specifically, I request the following information:
The total surplus funds amount available (if any).
A list of any lienholders or claimants with priority to the funds.
The official Surplus Funds Report filed by the trustee (if applicable).
Any guidelines or claim forms required to submit a surplus claim.
If these records are publicly available online, I would appreciate guidance on how to access them. If fees are associated with fulfilling this request, please inform me in advance.
I understand that under [State Open Records Law, if applicable], public agencies are required to respond within [your state’s deadline, e.g., 5-10 business days]. Please send the requested information to my email: [Your Email] or via mail to the address listed above.
Thank you for your time and assistance.
Sincerely,
[Your Name]
[Your Company Name (if applicable)]
Use this motion if the trustee refuses to provide surplus fund information.Where to File: The foreclosure court that handled the case.Filing Fee: Check with the County Clerk (some courts charge a small fee).Documents Needed:
Copy of foreclosure sale confirmation
Proof of previous attempts to contact the trustee
IN THE [NAME OF COUNTY] COURT
[STATE NAME]
Case No.: [Foreclosure Case Number]
Property Address: [Property Address]
MOTION TO COMPEL DISCLOSURE OF SURPLUS FUNDS
COMES NOW, [Your Name], and respectfully moves this Honorable Court to order the Trustee, Foreclosure Attorney, or County Clerk to disclose information regarding surplus funds from the foreclosure sale of [Property Address] held on [Sale Date].
1. Background
On [Sale Date], a foreclosure sale was conducted for the subject property, and the foreclosure case was finalized in this Court.
Upon information and belief, surplus funds may be available from this sale.
The Trustee of Sale / County Foreclosure Office is responsible for holding and distributing these funds.
2. Attempts to Obtain Information
The Movant has made multiple requests to obtain surplus funds information from the Trustee / County Clerk, including:
Phone calls on: [List Dates]
Emails sent on: [List Dates]
Certified Mail letter sent on: [Date] (attached as Exhibit A)
The Trustee / County Clerk has either failed to respond or has denied access to information regarding surplus funds.
3. Legal Basis for Motion
Under [State Foreclosure Law, if applicable], surplus funds resulting from foreclosure sales must be disclosed to interested parties and distributed according to lien priority.
As an interested party in this matter, Movant is legally entitled to obtain surplus fund details.
The Trustee’s failure to provide this information is unjustified and hinders the proper distribution of funds.
4. Relief Requested
WHEREFORE, the Movant respectfully requests that the Court:
A. Order the Trustee / County Clerk to disclose surplus fund information, including any lienholder claims.
B. Schedule a hearing if necessary to resolve this matter.
C. Grant any additional relief that this Court deems just and proper.
Respectfully submitted,
[Your Name]
[Your Address]
[City, State, ZIP]
[Your Phone Number]
[Your Email]
Date: [Insert Date]
Next Steps:
Certified Demand Letter → Send first. If no response, escalate.
FOIA Request → If surplus funds are public record, request them from the county.
Court Motion → If all else fails, file a motion to compel disclosure in court.
