Review performance terms and authorize legal liquidation boundaries.
1. PURPOSE
The Homeowner hereby engages the Company to locate, pursue, audit, and recover any and all excess proceeds, surplus funds, or overages ("Overages") resulting from a tax sale, foreclosure sale, or the sale of real property in which the Homeowner has or had an interest.
2. SERVICES
The Company will utilize its expertise, systems, and resources to research public and private records, file administrative and statutory claims, communicate with the appropriate government agencies, title companies, courts, or trustees, and take all necessary lawful measures to recover any Overages owed to the Homeowner.
3. COMPENSATION
As full and complete compensation for professional services rendered, the Homeowner agrees that the Company shall be paid a contingency fee equal to the percentage specified below of the gross amount of any Overages recovered on the Homeowner's behalf.
NO UPFRONT FEES: There are absolutely no upfront fees or out-of-pocket costs to the Homeowner. The Company is compensated strictly on a performance basis. If no Overages are recovered, the Homeowner owes the Company nothing.
4. AUTHORIZATION TO DIRECT PAYMENT
The Homeowner hereby authorizes and directs any government entity, county treasurer, trustee, court clerk, sheriff, or other party responsible for holding or disbursing Overages to pay the Company's agreed contingency fee directly to Reclaim Equity Corp out of the gross funds collected.
The Homeowner further authorizes and directs that the remaining balance (after payment of the Company's fee and any documented third-party costs) be paid directly to the Homeowner via check or electronic wire transfer.
5. ASSIGNMENT OF RIGHT TO PAYMENT
The Homeowner hereby assigns, transfers, and conveys to the Company an equitable interest in the property's surplus proceeds to the extent of the Company's fee from any Overages recovered. This assignment is irrevocable and effective immediately upon execution of this Agreement, serving as security for services performed.
6. COSTS & EXPENSES
The Company shall advance and absorb all reasonable, documented third-party costs and expenses incurred during the recovery process (including but not limited to recording fees, filing fees, research costs, notary fees, overnight courier costs, and specialized legal filings). All such advanced costs will be deducted from the gross recovery before calculation and distribution of the net proceeds to the Homeowner. An itemized statement of all distributions will be provided to the Homeowner upon completion.
7. POWER OF ATTORNEY STRUCTURE
This Agreement constitutes full contractual authorization and direction for payment of Overages and does not automatically grant a generalized Power of Attorney unless explicitly required by the holding agency. If, during the recovery process, any government entity, court, or third party requires a formalized Power of Attorney or separate authorization to release the funds, the Homeowner agrees to promptly execute a Limited Power of Attorney restricted solely to those specific acts necessary to process and finalize this explicit claim.
8. HOMEOWNER REPRESENTATIONS
The Homeowner represents, warrants, and covenants to the Company that:
- They are the rightful legal or equitable owner of the property or are fully authorized by law or corporate resolution to execute this claim on behalf of the owner/estate.
- All information provided to the Company on the Information Sheet is true, correct, and accurate to the best of their knowledge.
- They have not previously assigned, transferred, or encumbered this right to recovery to any other party, nor are they currently in a binding contract with another recovery service.
9. TERM
This Agreement remains in full force and effect from the date of execution until the earlier of: (a) Full recovery and distribution of all available Overages to the Homeowner and Company, or (b) Written mutual termination by both parties, or (c) Written termination by either party following twelve (12) months of active recovery efforts if no funds have been successfully recovered.
10. EXCLUSIVE REPRESENTATION
The Homeowner explicitly agrees not to hire, retain, engage, or contract with any other overage recovery company, researcher, agent, or professional for the purpose of locating or recovering this specific claim while this Agreement is in effect. Any inbound solicitations or communication received by the Homeowner from competing services regarding these funds shall be forwarded directly to the Company.
11. COOPERATION CLAUSE
The Homeowner agrees to cooperate fully and in good faith with the Company, its staff, and its designated legal counsel. This cooperation includes, but is not limited to, promptly providing required valid government-issued identification, signing necessary administrative or court forms before a notary public, responding to inquiries within three (3) business days, and providing any historical documentation related to property ownership as requested by the holding entity.
12. CANCELLATION / TERMINATION CONDITIONS
The Homeowner may cancel this Agreement within three (3) business days of signing by providing written notice to the Company. Thereafter, the Homeowner may not cancel or terminate this agreement if the Company has already identified the funds, advanced costs, or initiated administrative or legal work on the claim. If the Homeowner attempts to terminate this agreement after work has commenced, the Company reserves the right to file an equitable lien against the proceeds for services rendered and costs advanced.
13. ATTORNEY FEES
In the event that either party breaches this Agreement or if the Company is forced to take legal action to enforce the terms, collect its earned compensation, or protect its assigned interest, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable attorney's fees, court costs, collection agency fees, and litigation expenses incurred.
14. ELECTRONIC SIGNATURES
The parties agree that this Agreement and any accompanying documents may be executed and delivered electronically via certified platforms such as DocuSign, Adobe Sign, or equivalents. Digital signatures shall have the same legal weight, validity, and binding effect as original wet signatures.
15. ENTIRE AGREEMENT & GOVERNING LAW
This document, alongside appended sheets, constitutes the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, or understandings, written or oral. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State in which the underlying real property is located.
16. NON-CIRCUMVENTION & PROCURING CAUSE
The Homeowner acknowledges that the Company spends significant corporate time, specialized expertise, operational resources, and advanced financial capital to discover, audit, verify, and secure asset overages. Therefore, the Homeowner explicitly agrees not to bypass, avoid, or circumvent the Company in any manner to avoid the payment of the agreed-upon fee.
PROTECTION & EARNED FEE CLAUSE
If the Homeowner, at any time during the term of this Agreement or within twenty-four (24) months after any unauthorized termination, directly or indirectly receives or recovers the Overage funds after the Company's work or discovery was the procuring cause of the recovery, the full agreed contingency fee outlined in Section 3 is fully earned, immediately due, and payable to the Company.
This provision explicitly applies, without limitation, if the Homeowner:
- Contacts the county, state, or holding agency directly to file a claim independent of the Company;
- Hires or contracts with another asset recovery company, investigator, or representative;
- Directs or permits a family member, spouse, heir, or relative to file the claim or accept the funds;
- Retains an independent attorney to recover the funds outside of this Agreement; or
- Utilizes any structural mechanism or corporate entity to obscure receipt of the funds.
The Homeowner agrees that breaching this section will cause immediate financial harm to the Company, entitling the Company to all statutory remedies, interest, and enforcement costs.