Foreclosure Surplus Funds in California
California has both judicial and non-judicial (trustee's sale) foreclosures. For trustee's sales, California Civil Code §2924j requires the trustee to hold surplus funds for 30 days for junior lienholder claims, then pay the former homeowner. Former homeowners must submit a written claim within 30 days of the trustee's notice (which the trustee sends to the last known address). If not claimed, funds go to the county treasurer after the claim period. For judicial foreclosures, surplus funds are held by the court clerk.
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Foreclosure Surplus Funds in California — FAQ
California Civil Code §2924j gives former homeowners 30 days after the trustee sends written notice to file a written claim. If the trustee cannot locate you, they publish notice. Miss this window and the funds may go to the county — but you can still file with the county treasurer.
The trustee is required to send notice to your last known address. If you moved and did not receive notice, you may still have a claim — either directly with the trustee (if within the claim period) or with the California State Controller's Unclaimed Property Division.
After a judicial foreclosure sale in California, the former homeowner has a 3-month right of redemption (or 1 year in some cases) to repurchase the property by paying the purchase price plus interest and costs. This is separate from surplus funds.
Yes — a pre-foreclosure sale almost always results in more money for you than any surplus from a trustee's sale. We close fast, pay off your mortgage, and you keep all remaining equity. Call us the moment you receive a Notice of Default.
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