CIV-170 - Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale

Summary

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

Text

Form ID: CIV-170
Title: Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale
Effective Date: 2024-01-01
Mandatory Form: yes
Info Page: https://selfhelp.courts.ca.gov/jcc-form/CIV-170
Primary Download URL: https://www.courts.ca.gov/documents/civ170.pdf
Form Detail Page:
Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale
(CIV-170)
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.
Get form CIV-170
Effective: January 1, 2024
PDF Text:
Form Adopted for Mandatory Use 
Judicial Council of California 
CIV-170 [Rev. January 1, 2024]
PETITION AND DECLARATION REGARDING UNRESOLVED 
CLAIMS AND DEPOSIT OF UNDISTRIBUTED SURPLUS 
PROCEEDS OF TRUSTEE'S SALE
Civil Code, § 2924j 
www.courts.ca.gov
CIV-170
FOR COURT USE ONLY
CASE NUMBER:
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER:
NAME:
FIRM NAME:
STREET ADDRESS:
CITY: STATE: ZIP CODE:
TELEPHONE NO.: FAX NO.:
EMAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
IN RE (ADDRESS OF REAL PROPERTY):
PETITION AND DECLARATION REGARDING UNRESOLVED 
CLAIMS AND DEPOSIT OF UNDISTRIBUTED SURPLUS 
PROCEEDS OF TRUSTEE'S SALE
Jurisdiction (check all that apply):
ACTION IS A LIMITED CIVIL CASE (does not exceed $35,000)
Amount deposited does not exceed $10,000
exceeds $10,000
ACTION IS AN UNLIMITED CIVIL CASE (exceeds $35,000)
1. Petitioner (name): is the trustee under the Deed of Trust described in items 2 and 3 below.
The Deed of Trust
2. The Deed of Trust encumbered the real property commonly known as (describe):
(the "property") and legally described in Attachment 2 as follows:
3. The Deed of Trust was
a. executed by (name): as trustor.
b. executed on (date):
c. recorded as follows:
(1) date:
(2) county:
(3) instrument number:
Page 1 of 3

CIV-170 [Rev. January 1, 2024] PETITION AND DECLARATION REGARDING UNRESOLVED 
CLAIMS AND DEPOSIT OF UNDISTRIBUTED SURPLUS 
PROCEEDS OF TRUSTEE'S SALE
CIV-170
IN RE: CASE NUMBER:
The Trustee's Sale, Surplus Proceeds, and Notice to Potential Claimants
4. The property was the subject of a trustee's sale that was held on (date):
5. A trustee's sale guarantee was prepared for the trustee's sale. (A copy of the trustee's sale guarantee must be attached as  
Attachment 5.)
6. The total sale price of the property was: $
7. After payment of the amounts required by Civil Code section 2924k(a)(1)–(2), there were surplus proceeds from the trustee's sale  
available to potential claimants in the total amount of: $
8. Within 30 days after the trustee's sale, the trustee sent written notice under Civil Code section 2924j(a) to all persons with a  
recorded interest in the real property as of the date immediately prior to the trustee's sale who would be entitled to notice. The  
names and addresses of all persons sent notice under Civil Code section 2924j(a) are as follows:
Continued on Attachment 8.
The Claims
9. The trustee has received a total of (specify number):                    written claims from potential claimants.
10. The trustee has exercised due diligence to determine the priority of the written claims received by the trustee to the trustee's sale  
surplus proceeds from the persons identified in item 8 to whom notice was sent.
11. The trustee submits this declaration under Civil Code section 2924j(c) for the following reason:
a. After due diligence, the trustee is unable to determine the priority of the written claims received by the trustee to the  
trustee's sale surplus proceeds. (If this reason applies, describe the problem of determining priorities in Attachment 
11a.)
b. The trustee has determined that there is a conflict between potential claimants to the surplus proceeds. (If this reason  
applies, identify the claimants and describe the conflict in Attachment 11b.)
12. The trustee provides the following additional information relevant to the identity, location, priority of potential claimants, and the  
conflict of claims:
Continued on Attachment 12.
Notice of Intent to Deposit Funds and Proof of Service
13. The trustee has provided written notice to all persons with a recorded interest in the property who would be entitled to notice 
under  Civil Code section 2924b(b)–(c). The notice includes the following information:
a. The trustee intends to deposit funds from the trustee's sale with the clerk of the court.
b. A claim for funds must be filed with the court within 30 days from the date of notice.
c. The address of the court in which the funds are to be deposited and a telephone number for obtaining further information.
(Proof of Service of the notice on all persons entitled to notice under Civil Code section 2924j(d) must be attached to this  
declaration as Attachment 13.)
Page 2 of 3

For your protection and privacy, please press the Clear 
button after you have printed the form.
CIV-170 [Rev. January 1, 2024] PETITION AND DECLARATION REGARDING UNRESOLVED 
CLAIMS AND DEPOSIT OF UNDISTRIBUTED SURPLUS 
PROCEEDS OF TRUSTEE'S SALE
CIV-170
IN RE: CASE NUMBER:
Deposit
14. Distributions
The trustee has distributed the total amount of: $                      to the following claimants based on their written claims: 
Name of claimant: Amount:
 $
 $
 $
 $
 $
 $
 $
 $
Continued on Attachment 14.
15. Trustee's Fees and Expenses
The trustee has incurred reasonable fees and expenses totaling: These fees and expenses are recoverable  
under Civil Code section 2924k(a)(1) and (b) and are described  in Attachment 15 as follows: (specify):
16. Deposit
The amount to be deposited is calculated as follows:
a. Trustee's sale proceeds  $
b. Debt to foreclosing creditor  $
c. Available surplus proceeds (a minus b)  $
d. Claims paid by trustee (from item 14)  $
e. Trustee's fees and expenses (from item 15)  $
f. Remaining surplus proceeds (c minus (d plus e))  $
g. Filing fee  $
h. Deposit (f minus g)  $
(If the trustee is represented by an attorney, the attorney's signature follows):
Date:
(TYPE OR PRINT NAME OF ATTORNEY)
 (SIGNATURE OF ATTORNEY)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME OF TRUSTEE)
 (SIGNATURE OF TRUSTEE)
Page 3 of 3

Retrieval chunks

• #1

  Form ID: CIV-170 Title: Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale Effective Date: 2024-01-01 Mandatory Form: yes Info Page: https://selfhelp.courts.ca.gov/jcc-form/CIV-170 Primary Download URL: https://www.courts.ca.gov/documents/civ170.pd…

• #2

  5. A trustee's sale guarantee was prepared for the trustee's sale. (A copy of the trustee's sale guarantee must be attached as Attachment 5.) 6. The total sale price of the property was: $ 7. After payment of the amounts required by Civil Code section 2924k(a)(1)–(2), there were surplus proceeds from the trustee's …

• #3

  (Proof of Service of the notice on all persons entitled to notice under Civil Code section 2924j(d) must be attached to this declaration as Attachment 13.) Page 2 of 3 For your protection and privacy, please press the Clear button after you have printed the form. CIV-170 [Rev. January 1, 2024] PETITION AND DECLAR…