Arizona Order for Release of Excess Proceeds of Sale

State:
Arizona
Control #:
AZ-MH-CV-17
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PDF
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Description

Order for Release of Excess Proceeds of Sale

An Arizona Order for Release of Excess Proceeds of Sale is a court order issued by the Arizona court system that allows a claimant to receive payment from the excess proceeds of a sale. This order is typically issued in cases where a sale of property has occurred but the proceeds from the sale exceed the amount owed to the lien holder or creditor. The excess funds generated by the sale are then held in a trust until the court orders their release to the claimant. There are two types of Arizona Order for Release of Excess Proceeds of Sale: * Partition Actions: This type of order is issued when the proceeds from the sale of a property are held in a trust pending the resolution of a partition action. * Foreclosure Actions: This type of order is issued when the proceeds from the sale of a property exceed the amount owed to the lien holder or creditor, and are held in a trust pending the resolution of a foreclosure action.

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FAQ

In Arizona, foreclosure sales occur when a property owner fails to meet mortgage obligations. The lender can initiate a non-judicial foreclosure process, allowing them to sell the property at a trustee sale. This sale typically takes place after a notice of default and a 90-day waiting period. If the sale results in excess proceeds, homeowners can apply for an Arizona Order for Release of Excess Proceeds of Sale to recover their funds.

A notice of foreclosure sale in Arizona informs the public that a property is scheduled for auction due to unpaid debts. This notice outlines essential details, such as the date and time of the sale, along with the property description and minimum bid amount. It plays a crucial role in the foreclosure process by ensuring transparency and providing opportunities for potential buyers. Understanding the Arizona Order for Release of Excess Proceeds of Sale can be beneficial, especially if you are looking to reclaim funds after a property sale.

Property tax rates in Maricopa County typically range from 0.55% to 1.05% of the property’s assessed value. Factors such as location and property type affect these rates. It's essential to stay informed about these rates as they impact your overall financial planning. If you face challenges related to property taxes, services like uslegalforms can guide you through available options.

When a property is sold at foreclosure in Arizona, any excess proceeds go into a trust for the benefit of the former property owner. If you qualify, you can file a claim for these funds through the Arizona Order for Release of Excess Proceeds of Sale. The process involves submitting necessary documents to establish your claim and provide the required information. Understanding these steps can significantly benefit former homeowners.

In Arizona, you have a period of 12 months to claim surplus funds after a foreclosure sale. If you do not file your claim within this time frame, you may forfeit your right to those funds. It is important to act promptly and understand the steps involved in filing for the Arizona Order for Release of Excess Proceeds of Sale to secure your funds. Being proactive can ensure you receive the compensation you deserve.

Excess proceeds refer to any funds remaining after a property is sold at a foreclosure auction, above the amount owed on the property. In Maricopa County, these excess proceeds can be significant, especially in a rising real estate market. Homeowners who experience foreclosure may be entitled to these funds through the Arizona Order for Release of Excess Proceeds of Sale. This process helps recover financial losses, making it crucial for affected homeowners.

Yes, Maricopa County offers a property tax exemption program for seniors. This program allows eligible seniors to freeze their property taxes, providing them with financial relief. To apply for the exemption, seniors must meet specific income and age criteria. Understanding this program can help seniors manage their finances effectively.

More info

Complete and submit the "Order to Release Excess Proceeds of Sale" to the assigned Judge for the. 197.291(2), F. S., authorizes the satisfaction of a county welfare lien from the excess proceeds of a tax sale. 4) A claim to the excess proceeds of a tax deed sale pursuant to s. 197. Upon the completion of the foreclosure, the clerk of the court sells the property to satisfy the mortgagee's judgment. If the purchase price at the foreclosure sale exceeds the borrower's loan balance, this extra amount is called "excess proceeds" or "surplus funds.". In order to make a claim for the excess proceeds, please complete the Excess Proceeds Claim Form along with documentation to support your claim as follows:. Following a tax sale, any overage of funds, known as 'excess funds,' is placed in a separate account. (B). A claim may be filed at any time after the sale until the funds are awarded.

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Arizona Order for Release of Excess Proceeds of Sale