Judge: Michael Shultz, Case: 23CMCP00042, Date: 2023-05-04 Tentative Ruling
Case Number: 23CMCP00042 Hearing Date: May 4, 2023 Dept: A
23CMCP00042
Thursday, May
4, 2023, at 8:30 a.m.
[TENTATIVE] ORDER
Petitioner commenced this action
on March 9, 2023, with a petition to distribute surplus funds of $277,895.37 remaining
after paying the foreclosing creditor and deducting fees and expenses.
Petitioner has complied with statutory
requirements to send written notice within 30 days from the execution of the
trustee’s deed to individuals with a recorded interest. Civ. Code, § 2924j(a). Once claims have been received,
the trustee must exercise due diligence to determine the priority of the
claims. Civ. Code, § 2924j(b). Plaintiff received conflicting
claims from junior lien holders and a potential heir.
The Petition and supporting
declaration specify the date of the sale, a description of the property, the
names and addresses of all persons given notice, that the trustee exercised due
diligence to determine the priority of claims (of which there were none), and
the amount of the proceeds to be deposited. Civ. Code, § 2924j(c). Petitioner
has also submitted a copy of the trustee’s sales guaranty. Id. No
interested party has filed a response to the petition.
Based on the foregoing, the
Application for Deposit is GRANTED. Before the trustee deposits the funds with
the clerk of the court pursuant to subdivision (c), “the trustee shall send
written notice by first-class mail, postage prepaid, to all persons described
in subdivision (a) informing them that the trustee intends to deposit the funds
with the clerk of the court and that a claim for the funds must be filed with
the court within 30 days from the date of the notice, providing the address of
the court in which the funds were deposited, and a telephone number for
obtaining further information.” Civ. Code, § 2924j(d). Petitioner has complied
with the foregoing notice requirements.