Title: SBS Motion for Surplus Funds: Motion Template
Author: Sacramento County Public Law Library
Last saved by: Kate Fitz
Company: Microsoft Corporation

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[Your Name]  
[Your Address]
[City, State, Zip]
[Phone Number]
Claimant, In Pro Per

SUPERIOR COURT OF CALIFORNIA 
COUNTY OF [COUNTY]

In re:
ALL CLAIMANTS TO SURPLUS FUNDS AFTER TRUSTEE’S SALE OF REAL PROPERTY LOCATED AT:
[Street Address, City, State, Zip of Foreclosed Property]

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Case No.: [Case Number]

NOTICE OF HEARING AND CLAIM FOR SURPLUS FUNDS; POINTS AND AUTHORITIES; DECLARATION

Date: [Hearing Date]
Time: [Hearing Time]
Dept: [Hearing Department]__________

TO ALL PARTIES AND THEIR ATTORNEY(S) OF RECORD:
[Your name] hereby claims [$Surplus Funds Amount] in surplus funds subject to this action (or whatever remainder exists after prior court authorized disbursements), and sets this matter for hearing at the above-captioned date and time in [Hearing Department] of this Courthouse located at Street Address, City, State of Hearing Department]. This claim is made on the basis that [Your Name] was the recorded owner of the property that is subject to this lawsuit immediately prior to the trustee sale giving rise to the surplus. This claim is supported by the attached Points and Authorities and Declaration of [Your Name].
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NOTICE OF TENTATIVE RULING
"Pursuant to Local Rule 1.06 (A), the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative rulings for the department may be downloaded off the court’s website. If the party does not have online access, they may call the dedicated phone number for the department as referenced in the local telephone directory between the hours of 2:00 p.m. and 4:00 p.m. on the court day before the hearing and receive the tentative ruling. If you do not call the court and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be held."
Dated:	    [Date Signed]

	
[Your Name], Claimant in Pro Per

VERIFICATION OF CLAIM
I, [Your Name], am the claimant in this matter. I have personal knowledge of the facts of this case, have read the foregoing CLAIM FOR SURPLUS FUNDS AND NOTICE OF HEARING and know its contents, and declare under penalty of perjury under the laws of the State of California that the contents therein are true and correct.

Dated:	    [Date Signed]

	
[Your Name], Claimant in Pro Per

Memorandum of Points and Authorities in Support of Motion for Disbursement of Surplus Funds
I.  Background
	[Brief description of what has happened in the case, and how the surplus funds came to be with the court, and briefly describe what you are asking the court to do.]

II. LEGAL ARGUMENT
	The priority order of the distribution of surplus funds from a non-judicial foreclosure trustee sale is set forth in Civil Code §2924k, which reads:
2924k. Priority of order of distribution of proceeds; Trustee's costs and expenses

(a)  The trustee, or the clerk of the court upon order to the clerk pursuant to subdivision (d) of Section 2924j, shall distribute the proceeds, or a portion of the proceeds, as the case may be, of the trustee's sale conducted pursuant to Section 2924h in the following order of priority:
 	(1)  To the costs and expenses of exercising the power of sale and of sale, including the payment of the trustee's fees and attorney's fees permitted pursuant to subdivision (b) of Section 2924d and subdivision (b) of this section.
 	(2)  To the payment of the obligations secured by the deed of trust or mortgage which is the subject of the trustee's sale.
 	(3)  To satisfy the outstanding balance of obligations secured by any junior liens or encumbrances in the order of their priority.
 	(4)  To the trustor or the trustor's successor in interest. In the event the property is sold or transferred to another, to the vested owner of record at the time of the trustee's sale.
(b)  A trustee may charge costs and expenses incurred for such items as mailing and a reasonable fee for services rendered in connection with the distribution of the proceeds from a trustee's sale, including, but not limited to, the investigation of priority and validity of claims and the disbursement of funds. If the fee charged for services rendered pursuant to this subdivision does not exceed one hundred dollars ($100), or one hundred twenty-five dollars ($125) where there are obligations specified in paragraph (3) of subdivision (a), the fee is conclusively presumed to be reasonable.

In the present case, the trustor and owner were the claimant, as described in Civil Code §2924k(a)(4). To the best knowledge of the claimant, no unsatisfied claims have superior priority over the claim of the surplus.
	Accordingly, claimant claims the remaining surplus funds, and requests that these funds be transferred to him.

Respectfully submitted,

Dated:	    [Date Signed]

	
[Your Name], Claimant in Pro Per

DECLARATION
I, [Your Name], declare the following:

1.	I have personal knowledge of all facts stated in this declaration and if called to testify, would testify consistently with the facts stated in this declaration.
2.	On [Date of Trustee's Sale] the real property located at [Street Address, City, State, Zip of foreclosed property] (hereafter “PROPERTY”) was sold at trustee sale pursuant to the terms of the mortgage on that property.
3.	I am the recorded owner of the PROPERTY just prior to the trustee sale.
4.	After the sale, the trustee paid the creditors to the PROPERTY, and a surplus in the amount of [$Surplus Amount from Petition] remained.
5.	On [Date of order], the court permitted the petitioner reasonable attorney fees and costs, which were deducted from the surplus, and directed the remaining [amount deposited with clerk] deposited with the clerk of the court.
6.	I know of no other person with a superior claim to the surplus funds from the sale of this property, and therefore claim all surplus funds remaining after any court-authorized deductions from the sale of the PROPERTY.
7.	[Explain why you didn’t participate earlier, if applicable.]
8.	For these reasons, I ask that the court direct the clerk to disburse the funds deposited as a surplus on the PROPERTY to me.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated:	    [Date Signed]

	
[Your Name], Claimant in Pro Per

Claim for Surplus Funds from Trustee Sale -