Wednesday, February 1, 2023

Unclaimed funds - Sample Finder's Agreement

GOVERNMENT AUDIT & BENEFICIARY LOCATOR CLIENT AGREEMENT

______________ (the “Company’) is pleased to assist you with attempting to recover some of the assets lost in the foreclosure of __________________ (the “Claim”) that potentially belong to you, ____________, an estate, trust, corporation, LLC, or other legal entity that you are associated with (“You/Claimant’). Based on our analysis, this foreclosure may be eligible for up to $___________ when applied for through the right government program(s). This engagement letter (the “Agreement”) outlines the terms of our services and your responsibilities as we help you recover these funds.

1. Services offered. The Company agrees to provide the following services in connection with the Claim:

A. Identification of Claim. The Company will perform the necessary research to identify the source of and maximum amount of funds to apply for in the Claim.

B. Recovery and Expenses. Company shall pay all expenses, including paying all legal expenses, whether or not the claim is recovered. Company shall dedicate the labor required to apply for your Claim on your behalf in Court, or otherwise.

2. Your Responsibilities. In connection with applying for the Claim, You agree to the following:

A. Authorization. You authorize the Company to act as your exclusive agent to apply for the Claim.

B. Paperwork. You agree to sign and return all documents required for application of the Claim to the Company within 3 business days of receiving them.

C. Cooperation. You agree to cooperate with the local attorney assigned to your case (if your case requires the help of a licensed attorney) to fill out and return any prepared paperwork. Both parties agree to cooperate fully with all reasonable requests from the other in performance of this Agreement.

D. Non-Circumvention and Nondisclosure. You understand that during the process of working with the Company, You may learn how to apply for the Claim. You agree that You will not disclose this information to any person or entity, nor will You attempt to circumvent the Company by applying for the claim without the Company's involvement. Should You circumvent the Company, you are still responsible for paying all of the Company's fees and expenses, as outlined below.

Costs and Fees.

A. Costs. The Company will pay for ALL costs associated with the application and recovery of the Claim.

B. Success Fee. Upon successful recovery of the Claim, You will receive 65% of the funds from the Claim. You agree that the Company shail retain 35% of the Claim as a success and administration fee. The party receiving the Claim check is obligated to send the other party their portion of the Claim within 10 business days of receiving the Claim check and the funds clearing their bank. If either party fails to pay the other as agreed, the party responsible for paying shall be liable for treble damages.

C. Local Attorney. If the Company is required to engage a local attorney, the attorney may be responsible for applying for your Claim and distributing your portion to You.

D. Governing Law, Venue, and Relief. This Agreement is governed under the laws of Missouri, where the Company is headquartered. In the event of a dispute, the venue shall be the City of St. Louis, MO. The prevailing party shall be entitled to reasonable attorney’s fees and other relief awarded by the Court.

E. Binding. This Agreement is binding upon all heirs, successors in interest, and assigns.

F. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

If the terms of this client engagement letter are acceptable to You, please acknowledge by signing below (physically or electronically) and returning to our office, either by mail or electronically.


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Tom Fox, J. D.
Southern Specialty Law Publishing Company
Louisville, Kentucky

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This is not legal advice and I am not a lawyer.

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