Surplus funds in California: the rules, straight.
We work this state with local counsel or extra verification in the loop where the process calls for it.
Foreclosure / mortgage surplus
State law bars standard contingency recovery on this stream — attorney-only or no lawful lane.
Trustee-sale surplus per Civ. Code § 2924j.
CRIMINAL: Civ. Code § 2945.4(h) — any non-attorney recovery contract (fee, assignment, POA, purchase) on residential mortgage-foreclosure surplus is a crime. Do not touch this stream.
Tax sale overages
Legal — no statutory fee cap found pre-escheat.
County administrative claim for excess proceeds (R&T § 4675); disclosed assignments legal.
Deadline: 1-year claim window from deed recording.
No current cap; AB 2705 (pending) would cap at 20% — price ≤20% now so live paper survives it.
Courtroom requirement: Standard claims here are administrative — no attorney legally required for a routine filing.
If nobody claims it: Tax overage: 1-yr county window (§ 4675), then to the county — act inside the year.
Cars, boats & RVs in California: Vehicle/boat/RV repo surplus: UCC § 9-615(d) obliges the LENDER to return the surplus; § 9-616 explanation on request; § 9-625(c)(2) statutory damages for noncompliance. Demand-letter work against the secured party — no county, no state surplus-fee cap in this table.
This page summarizes public statutes for general information — it is not legal advice, rules change, and unverified items are confirmed by our desk (and counsel where needed) before any agreement is papered.
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