Frequently Asked Questions

Everything We're Usually Asked, In One Place.

01

Why Choose Us

Why did Briargate start?

Briargate was started by a family who had been through a foreclosure themselves many decades ago due to a battle with cancer. Working for a national recovery company beforehand, they watched clients get taken advantage of, over and over, by other companies and lawyers that had no business handling anyone's money. We knew we could add honesty, integrity, and transparency to make sure our clients are cared for.

02

Getting Started

Is this a scam?

No, but you could be scammed by a predatory or inexperienced company working in this same space. When a property sells at a foreclosure auction for more than is owed to the bank, the owner before the sale is owed the difference, minus any other liens or encumbrances. That's not a loophole, it's simply how the math works when a bidder pays more than the debt. What makes it feel like a scam is everything that happens next: foreclosure records are public, so within days of a sale a person can start getting calls from companies in states they've never heard of, all wanting a signature. See the "Spotting a Predatory Company" section below for how to tell the good ones from the rest.

Who do you actually help, homeowners or heirs?

Both, in roughly equal numbers. About half the people we work with lost the home themselves; if the auction brought in more than the bank was owed, that difference is still theirs, and there's no short window in which they have to claim it. The other half are heirs, adult children, siblings, or grandchildren settling the affairs of someone who passed away. See the "For Heirs and Families" section below for what's different about those cases.

How long does it take?

Most recoveries close 30 to 60 days after the sale. Some take as little as a week; older or more complex cases, including ones that involve probate or a contested claim, can take up to a year and a half. We've recovered funds as long as 15 years after a foreclosure, so there's no hard deadline that rules a case out.

What if there are liens on the property?

Liens and other encumbrances come out before you receive your share, so they have to be identified and resolved first. We handle that as part of the process rather than leaving it with you to sort out.

Can I speak with the attorney?

Yes, and people take us up on it. Our sales reps, owners, and attorney are all available to take client calls throughout the process. If hearing it explained by the person who will actually be holding your funds would settle your mind, say so and we'll arrange the call.

03

For Heirs and Families

What if the homeowner has passed away?

Roughly half our cases are exactly this. Heirs are frequently entitled to these funds. Determining who is entitled is usually the hardest part, and our legal team handles it, including probate, affidavits of heirship, and the documentation the trustee requires.

The foreclosure was years ago. Is it too late?

Probably not. We've recovered funds as long as fifteen years after a foreclosure. Older cases can take longer to work through, but age alone doesn't disqualify a claim.

There was no will. Does that stop this?

No. It means entitlement is determined by the law of the state rather than by a document, which changes the paperwork involved but not whether a claim can be made. This is exactly the kind of thing our legal team sorts out.

There are several of us. How does that work?

Multiple heirs is common and it's handled as part of the case. What matters is establishing correctly who is entitled and to what share, so that the trustee can release the funds without further dispute. If someone else has already filed against the same funds, that's handled too, including litigation counsel if it comes to that.

Do we have to go through probate?

Some estates do and some don't, depending on the situation and the state. Where probate is required, our legal team includes probate counsel, so it doesn't become something you have to arrange separately.

Several companies have already called me. Why should I trust any of you?

You shouldn't, on the strength of a phone call. Foreclosure and death records are both public, so a lot of companies know exactly when a family is at its most vulnerable, and grieving families get targeted more than most. Check whoever you're talking to, including us, against the "Spotting a Bad Company" section below, ask to speak to the attorney handling the money, and take the time to decide. Most trustees won't touch the file for thirty days anyway.

04

Spotting a Predatory or Inexperienced Company

What are the seven signs of a predatory company?
1. They pressure you to sign immediately. Take your time and get educated before making a rash decision. Most trustees will not even touch your file for thirty days, so there isn't any reason to rush to sign today. The company you choose will be handling thousands of your dollars.
2. They don't leave you a copy of what you signed. You need to keep any legal document that you sign. A great company will not only give you a copy of the paperwork, they'll insist on reading through each page with you first.
3. They bought the house at auction. Now they want to get "their" money back by overcharging you. Work with a third party who wasn't involved in the sale of your house.
4. They don't specify the "total" amount they charge. Sometimes this means including unspecified "legal fees" in the contract language. A great company knows from day one what the cost should be, and is clear about every fee.
5. They're a "national company." Predatory companies try to do business everywhere. A great company works only in states where its legal team has a good relationship with the trustees, since that relationship is the single most important factor in getting a speedy recovery.
6. After you sign, they never answer your call. Most predatory companies have awful customer service. The only time they'll reach out again is if someone tries to cancel them.
7. They trick you into never seeing the actual amount received. Predatory companies will have you sign a power of attorney that lets the company sign the Hold Harmless Agreement sent by the trustee, the document that states the exact amount being released. A good company insists that you personally sign it, so there's complete transparency.
What are the five signs of an inexperienced company?

Not everyone who mishandles your case is malicious. Some are inexperienced and are trying to "learn" the business with your case, and the outcome for you can be just as bad.

1. They share many traits with predatory companies. A lot of operators in this space have failed at other businesses and think they can copy some documents, get you to sign them, and have the money appear, without understanding how the recovery process actually works.
2. They don't use an attorney for the recovery. A good company will use a local attorney to recover your money from the trustee, and will get that attorney on the phone to answer your questions. Without an attorney, there's no true security or transparency, and no one to hold accountable if something goes wrong.
3. They can't fully explain the process. Being able to talk with confidence about how this works comes from experience. If it sounds like they're making it up as they go, that's a reason to hang up.
4. They haven't done many recoveries. Starting a new business brings a lot of learning experiences. You don't want someone learning how to do this from your case.
5. They can't tell you anything about the trustee beyond their name. All trustees are different. A good company can tell you how fast or slow a particular trustee tends to be, because they have dealt with that trustee many times.
Not Ready To Call Yet?

Get the Free Guide

Our full write-up on spotting a predatory or inexperienced recovery company, sent straight to you. Read it and use it to decide for yourself.

Still Have Questions?

Just Call.

No cost, no obligation, and no pressure to decide anything today.

Call (706) 208-4074