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California Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale

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State:
California
Control #:
CA-CIV-170
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PDF
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Description

This official form is used by a trustee following a foreclosure and trustee sale of land to ask the court to decide how the money from the sale will be divided.

The California Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale is a process that takes place during the foreclosure of a home in California. It is used to resolve any claims and disputes regarding the foreclosure and the sale of the home. The process typically starts with the trustee's sale of the foreclosed home. After the sale is complete, the trustee must prepare a petition and declaration of unresolved claims and deposit the proceeds of the sale. This petition and declaration must be signed by the trustee and filed with the court. The petition and declaration must include the names of all persons with an unresolved claim on the property, such as creditors, liens holders, and claimants. It must also include the amount of the remaining proceeds of the sale. Once the petition and declaration is filed, the court will order a hearing to resolve any disputes. Once the proceedings are complete, the court will enter a judgment regarding the unresolved claims and the distribution of the surplus proceeds. There are two types of California Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale: a Form RP-310-INFO and a Form RP-310-C. The Form RP-310-INFO is a petition and declaration by the trustee regarding the unresolved claims and distribution of the surplus proceeds. The Form RP-310-C is a petition and declaration by the claimant regarding the unresolved claims and distribution of the surplus proceeds.

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California Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale