After your home is sold at the sheriff’s sale, the lender will take what you owe using money from the sale. Sometimes, money is left over, and you have the right to get it back. The leftover money is called the “balance” or “excess funds.”
To get the excess funds from the foreclosure most courts require that you file a Motion or other Application and show that you are entitled to the funds. Depending on the local rules and procedures in your county, the court may also require a proposed Order to be submitted with your Motion. You can ask the Clerk when you file your Motion if an Order is required.
Your local court may also conduct a hearing to decide if the funds should be returned to you. There may be additional instructions or requirements. Make sure to follow any instructions from the court and attend the hearing if one is scheduled.
You can use this Form Assistant to create your motion asking for excess funds from the sale.