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Updated almost 12 years ago on . Most recent reply

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Rocky Li
  • Real Estate Investor
  • Fremont, CA
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15
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Payable to whom for the cashier's check with probate sale auction

Rocky Li
  • Real Estate Investor
  • Fremont, CA
Posted

I am preparing for a probate sale auction, and having problem with the deposit check. I don't know who the check should be payable to. My guess is to myself in case I do not get the property, then I can save it back to my bank. If I do get the property, then just endorse the check.

Anyone has real life experience?

Many thanks,

Rocky

Most Popular Reply

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Rick H.#4 Marketing Your Property Contributor
  • Lender
  • Greater LA/Orange County area, CA
3,549
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Rick H.#4 Marketing Your Property Contributor
  • Lender
  • Greater LA/Orange County area, CA
Replied

In CA, probate code says to make auction check payable to the executor or administrator.

Presumably, if you are high bidder, PR will hold your check (typically 10% unless contracted for differently) to make certain that you perform. If you are not high bidder, check should be returned to you promptly. Unless specified, a personal is sufficient, although every time I've been admin (seller) I've insisted on cashiers check because people play games (in case you didn't know that).

Then, when the money goes hard, you'll be transferring funds to escrow agent or title company, as is custom in Nor Cal.

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