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Identity theft becomes homeowner’s worst nightmare

Who gets $51K surplus funds after foreclosure sale?

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Without her knowledge, an unknown perpetrator used the name, Social Security number, credit history and identification of Aurora Lepe to purchase a residence and obtain two mortgages secured by the property. Lepe's signatures on the documents were forged. Due to nonpayment of its mortgage, lender CTC Real Estate Services sold the property at a foreclosure auction sale. Purchase Bob Bruss reports online. After paying off the balances on the first and second mortgages, $51,334 surplus funds remained. Not knowing what to do with the remaining funds, the lender interpleaded the money into court. The lender said to the judge the fair and equitable result would be to have Ms. Lepe receive the surplus funds to help compensate for her identity theft and all her inconveniences. Nobody contested the interpleader. If you were the judge would you give the excess funds to Ms. Lepe? The judge said yes! Ms. Lepe has established by a preponderance of the evidence she was a victim of identity theft, ...