California surplus funds list

California surplus funds rules

Sales that create surplus

Tax-defaulted property (tax deed) auction by county treasurer-tax collector (Rev & Tax Code 4671-4676); Non-judicial trustee sale under deed of trust (Civ. Code 2924j/2924k); Judicial mortgage foreclosure (court-ordered; HOA assessment-lien foreclosures run as trustee sales (same 2924j process) -

Who holds the money

Tax sale: county treasurer-tax collector (excess proceeds trust fund). Trustee sale: trustee; if priority disputed, deposited with superior court clerk or interpleaded (Civ. 2924j(c)-(d)).

Unclaimed funds go to

Tax sale: excess not claimed within 1 year after the tax deed is recorded goes to the county general fund (RTC 4674/4676; Riverside Board items confirm unclaimed balances transferred to general fund). Trustee sale: surplus not deposited with court is handled under the Unclaimed Property Law (CCP 1500 et seq., State Controller) per 2924j.

How owners claim

Tax sale: county 'Claim for Excess Proceeds' form filed with the county treasurer-tax collector; notarized if over $50 in OC. Trustee sale: written claim, signed under penalty of perjury, sent to the trustee within 30 days of the trustee's notice. If funds were deposited with the court, file a claim with the superior court within 30 days of the deposit notice; the hearing is held within 90 days. — deadline: Tax sale: claim must be postmarked within 1 year after the tax deed to the purchaser is recorded (RTC 4675). Trustee sale: 30 days after the trustee's notice; the trustee mails notice within 30 days after the deed is executed.

Agent / finder fee cap

Tax sale (RTC 4675): no statutory percentage cap found in the current text (FindLaw/public.law, Jan 1 2025). Any assignment must disclose the amount of the excess and the value of the right being assigned. A 10% cap or an 'AB 2523' amendment could not be verified and appears not to exist. State-held unclaimed property (CCP 1582): investigator fee capped at 10%; agreements void within 24 months of escheat (from memory, this session). verify

Waiting period

Trustee sale: Civ. Code 2924.21, added by AB 295 (Ch. 142, Stats. 2024; urgency, effective 7/18/2024), says no person may contact, solicit or initiate communication with an owner to claim surplus from a foreclosure sale of the owner's residence before 90 days after the trustee's deed is recorded. Tax sale: no statutory waiting period found.

Registration

No surplus-specific license. Foreclosure consultant rules (Civ. 2945-2945.11) may reach paid surplus recovery tied to residences: registration with the AG/bond and a ban on taking assignments and on advance fees. How they apply to post-sale surplus is . verify

Getting the list

Each county publishes a 'Notice of Right to Claim Excess Proceeds' after each tax sale; many post it online, e.g. Santa Cruz (2025 PDF) and SLO County. Assignee/agent forms are online for LA County (ttc.lacounty.gov) and Orange County (octreasurer.gov). Riverside posts each excess-proceeds claim decision as a Board of Supervisors agenda PDF (media.rivcocob.org/proceeds/...). Exact list URLs for LA and San Diego were not confirmed. OC forms say these lists are public records under the PRA. Trustee-sale surplus has no central list; check trustee notices or court deposits. verify

Law: Cal. Rev. & Tax. Code 4675, 4676; Civ. Code 2924j, 2924k, 2924.21; Civ. Code 2945 et seq.; CCP 1582 · confirm details with the county; rules change.