Posted by Rick, the Probate Guy on February 07, 2010 at 23:59:44:
In Reply to: Re: Depends on which State......... posted by Bill H on February 07, 2010 at 16:35:04:
Generally, overages may be claimed by successive recorded interests. This would usually mean that each verifiable successive interest would be entitled on a pro-tanto basis.
Many States have homestead laws, either statutory or affirmed claims, that may protect some or all of the owner's interest, but this is usually subject to any voluntary liens like mortgages & TD's.
In CA, when there is sny doubt about claimants' interests(s), the foreclosure trustee (attorney in other States) will choose to interplead the money with the local county Superior Court and get out of the way.
50 States with very independant legislators means no two are exactly the same. Read the code applicable to your State. Stop speculating and start actionating.