Have You Experienced a Tax Foreclosure in Erie County, New York?

Approximately 16,000 homes were sold at tax foreclosure In Erie County this past year (2016).

If your property was sold tax foreclosure auction, you may be entitled to the Surplus Funds that remain after the tax arrears has been satisfied.

As the former owner of the property, the Surplus Funds from the foreclosure are waiting to be claimed from the Erie County Comptroller’s Office.

Unfortunately, Erie County does not notify the former property owner that the County is holding Surplus Funds waiting to be claimed, nor does it provide instruction or advice as to the legal process involved in retrieving the Surplus Money.

The process for claiming Surplus Funds begins with obtaining a Certificate of Money on deposit from the Office of the Erie County Treasurer. Further notification requirements are required by the Real Property Actions and Procedures Law including getting a “Stub Search” showing that there are no other lien holders on the property who have a priority claim on the Surplus Funds.

The Erie County Comptroller requires a Certified Copy of an Order from an Erie County Court Judge before releasing any Surplus Money to the former property owner. Obtaining an Order from a County Court judge requires that a formal motion be brought before the Court. While this motion can be brought on a Pro Se basis, the truth is that it can be very difficult for someone with little or no litigation experience to bring a formal Motion before the Court.

The attorneys at Dwan Counter have brought over 40 successful Surplus Monies motions in the year 2016 alone. We have recovered hundreds of thousands of dollars for our clients, many of whom are under enormous financial pressure and stress.

If you or your family has had your home or property foreclosed upon at an In Rem Property Tax Foreclosure Auction, call Dwan Counter Attorneys at Law to get started reclaiming the money that is rightfully yours.

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