A “Sample Letter To The Clerk To Get Surplus Funds” is a request. It’s for money left after a property sale. This often 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 get it. This can feel overwhelming. You’re not alone in needing help.
We’ll share letter templates. These examples will help you. They’ll make writing your letter easier. You can customize these samples. Get your surplus funds back quickly.
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 the Court
[Court Address]
[City, State, Zip Code]
RE: Case Number [Case Number] – Request for Surplus Funds
Dear Clerk of the Court,
I am writing to request information and access to surplus funds related to the property located at [Property Address] and case number [Case Number]. This case involved a foreclosure sale that resulted in excess funds after all debts and expenses were paid.
As the [Your Relationship to the Property/Previous Owner – e.g., former owner, heir of the former owner], I believe I am entitled to these surplus funds. I have attached documentation as proof of my claim, including [List Documents – e.g., copy of driver’s license, deed, death certificate if applicable].
Please provide me with the necessary forms and instructions to claim these funds. I would also appreciate it if you could tell me the exact amount of surplus funds currently held by the court.
Thank you for your time and assistance in this matter. I look forward to hearing from you soon.
Sincerely,
[Your Signature]
How to Write Sample Letter To The Clerk To Get Surplus Funds
1. Crafting a Compelling Subject Line
The subject line is your initial entreaty. It should be succinct and clearly articulate the purpose of your missive. Don’t obfuscate; be direct.
- Example: “Request for Disbursement of Surplus Funds – Case [Case Number]”
- Avoid overly verbose or ambiguous language.
2. The Salutation: Addressing the Right Person
Begin with a formal salutation. Courtesy is paramount, even when requesting funds rightfully owed.
- Use: “Dear Clerk of the Court” or “To the Honorable Clerk of the Court,”
- If you know the clerk’s name, use it: “Dear Mr./Ms. [Clerk’s Last Name],”
- Avoid informal greetings altogether.
3. Introduction: Establishing Your Claim
In the introductory paragraph, immediately establish your identity and the basis for your claim. Provide context without unnecessary digression.
- State your name, address, and contact information.
- Reference the specific case number and property address related to the surplus funds.
- Briefly explain your connection to the case (e.g., former homeowner, lienholder).
4. Body: Substantiating Your Entitlement
The body of the letter is where you substantiate your entitlement to the surplus funds. Meticulous detail is crucial here.
- Clearly state the amount of surplus funds you believe is due to you.
- Explain the basis for your claim with specificity, citing relevant documents (e.g., mortgage, deed).
- Attach copies of supporting documents as exhibits. Reference these attachments within the letter.
- If applicable, explain why other potential claimants are not entitled to the funds.
5. Requesting Disbursement: Specifying Payment Details
Clearly and unequivocally request the disbursement of the surplus funds. Provide explicit instructions for payment.
- State: “Therefore, I respectfully request the disbursement of the surplus funds to me.”
- Provide your preferred method of payment (e.g., check, wire transfer).
- If requesting a check, provide the exact name and mailing address for the payee.
- If requesting a wire transfer, provide the bank name, account number, and routing number. Be absolutely certain this information is accurate.
6. Expressing Gratitude and Offering Assistance
Politely express your gratitude and offer to provide additional information or documentation, if required. This demonstrates cooperativeness.
- State: “Thank you for your time and consideration in this matter. I am available to provide any further information or documentation necessary to facilitate the disbursement of these funds.”
- Include your phone number and email address for easy contact.
7. Closing: A Formal Farewell
End with a formal closing and your signature. Professionalism should be maintained until the very end.
- Use: “Sincerely,” or “Respectfully,”
- Sign your name legibly.
- Type your name beneath your signature.
- Consider including the date below your typed name.
Frequently Asked Questions: Requesting Surplus Funds from the Clerk
This section provides answers to common questions regarding the process of requesting surplus funds held by the court clerk following a foreclosure sale. Please review these questions and answers to better understand your rights and the necessary procedures.
What are surplus funds?
Surplus funds are the remaining money after a property is sold at foreclosure and all debts, including the mortgage and associated fees, are paid off.
Who is eligible to claim surplus funds?
Generally, the former property owner or other parties with a legal claim to the property, such as junior lienholders, may be eligible to claim surplus funds.
What information should I include in my letter to the clerk?
Your letter should include your name, contact information, the case number of the foreclosure, property address, and a clear statement of your claim to the surplus funds, along with any supporting documentation.
What supporting documentation should I provide?
You should include documents that prove your ownership or legal interest in the property, such as a copy of the deed or a recorded lien.
What happens after I submit my letter?
The clerk will review your claim and supporting documentation. You may be required to attend a hearing or provide additional information to substantiate your claim before the funds are released.
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