7.2 Unencumbered Interests

If there is money left over after all creditors have been paid, the homeowner may seek return of those funds from the sheriff. At other times, another party may have a co-ownership interest in the property (or even a homestead exemption claim) that may not be subject to the mortgage. In these cases, the co-owner should take immediate action to protect the interest in the funds from a foreclosure sale.1

  • 1See, e.g., Am. Thrift & Fin. Plan, Inc. v. Valteau, 576 So. 2d 598 (La. App. 4 Cir. 1991).

Disclaimer: The articles in the Gillis Long Desk Manual do not contain any legal advice.