an elderly friends son died and she had to leave the house to foreclosure. It sold at auction for more than she owed. Is she entitled to difference?

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an elderly friends son died and she had to leave the house to foreclosure. It sold at auction for more than she owed. Is she entitled to difference?

Asked on May 16, 2009 under Real Estate Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

She  is entitled to the difference after all of the following are paid:

Tax liens 

Mortgage debt (This includes principal, interest, service charges and advances for taxes, assessments, and property insurance premiums, plus expenditures for the necessary protection, preservation, and repair of the security property as authorized under the mortgage agreement and interest thereon if provided for in the mortgage agreement),

Late charges or fees,  

Other payments and fees (such as the costs of the foreclosure proceeding, any other liens on the property, or any other claims against the property be creditors).   
This may not be an exhaustive list, but it gives you a pretty good idea.  I don't know how much was left but if it was enough to take care of all of the above liabilities, then she would be entitled to what, if any, proceeds there might be.  This assumes, however,  that she was his sole and legal heir.

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