California · money left over after a foreclosure sale

You can claim it yourself, for free

Who holds it

The trustee; if claims conflict, the trustee deposits the money with the clerk of the superior court in the county of sale

How long

Claims are due to the trustee within 30 days after the trustee's notice. If the money is deposited in court, the court hears claims within 90 days of deposit.

How you claim

Send the trustee a written claim, signed under penalty of perjury, within 30 days of its surplus notice. If the trustee deposits the funds with the superior court, file your claim with that court.

If someone offers to do it for you

Checklist: California, money left over after a foreclosure sale

Who holds it: The trustee; if claims conflict, the trustee deposits the money with the clerk of the superior court in the county of sale

How long: Claims are due to the trustee within 30 days after the trustee's notice. If the money is deposited in court, the court hears claims within 90 days of deposit.

How you claim: Send the trustee a written claim, signed under penalty of perjury, within 30 days of its surplus notice. If the trustee deposits the funds with the superior court, file your claim with that court.

Your deadline: ____________ (confirm it with the clerk)

Steps

  1. Watch for the trustee's surplus notice, mailed within 30 days after the trustee's deed.
  2. Send a written claim to the trustee within 30 days of the notice.
  3. If you get a notice that funds will be deposited in court, file your claim with the superior court within 30 days of that notice.
  4. Attend or follow the court hearing; the court pays the funds out.

Documents

What it costs you

Not researched yet — ask the clerk

If someone offers to do it for you

Official links

Source: Cal. Civ. Code § 2924j; Cal. Civ. Code § 2924k; Cal. Civ. Code §§2945-2945.11; Cal. Civ. Code §2945.4; Cal. Civ. Code §2924.21; Cal. Civ. Code §2945.1(a)(9); Cal. Civ. Code §2945.3. Researched, not yet checked by a lawyer; confirm with the clerk. Not legal advice.