Right to redeem after a court (judicial) foreclosure sale
Cal. Code Civ. Proc. § 729.030(a)–(b)
In plain words
If your California home is sold through a court (judicial) foreclosure, you may be able to buy it back after the sale. The period is three months if the sale paid the whole debt, or one year if it did not. There is no redemption after a regular trustee (nonjudicial) sale.
Who is protected
California owners whose property was sold in a judicial foreclosure.
When it applies
- Only in California.
- Only after the foreclosure sale.
- Only after a judicial (court) foreclosure sale.
What you can do
Put the deadline on your calendar
Find out from the court file whether the sale covered the full debt, then mark the redemption deadline.
Deadline: 3 months or 1 year after the sale date
Open the toolRead the California guide
Our California page explains the whole process step by step, with its sources and free local help.
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Honest limits
- Does not apply to nonjudicial trustee sales, which are the most common kind in California.
- Redeeming means paying the sale price plus allowed amounts, usually in full.
- This is general education, not legal advice. Laws change and details depend on your papers and your court; check the current law or ask a lawyer or legal aid.
The law
- State lawRedemption period after judicial sale
Cal. Code Civ. Proc. § 729.030(a)–(b)
Exact part: (a)–(b)
What it says: Redemption ends three months after sale if the proceeds cover the debt, or one year if they do not.
Read the official texthttps://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=729.030
Court cases
- Homeowner wonSame topicYvanova v. New Century Mortgage Corp.
Yvanova v. New Century Mortg. Corp., 62 Cal. 4th 919 (2016)
a borrower may bring a post-sale wrongful-foreclosure claim by alleging that the assignment to the foreclosing party was void
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Homeowner lostSame topicMilton v. U.S. Bank National Ass'n
Milton v. U.S. Bank Nat'l Ass'n, 508 F. App'x 326 (5th Cir. 2013) (per curiam) (unpublished)
an agreement to delay a Texas foreclosure falls within the statute of frauds and must be in writing to be enforced
- Homeowner lostSame topicBFP v. Resolution Trust Corp.
BFP v. Resol. Tr. Corp., 511 U.S. 531 (1994)
the price received at a non-collusive foreclosure sale that complied with state law is reasonably equivalent value under the Bankruptcy Code
Related rights
Protection from owing more after a trustee sale (anti-deficiency)
Cal. Code Civ. Proc. § 580d(a)
After a nonjudicial trustee sale in California, the lender cannot collect the difference between the sale price and what you owed. Separate rules also protect many purchase loans on homes of up to four units that the buyer lives in.
Read this rightRight to leftover money (surplus) after a trustee sale
Cal. Civ. Code § 2924k(a)(4)
If a trustee sale brings in more than the loan, costs and junior liens, the rest goes to you, the former owner. The trustee pays the costs, the foreclosing loan and then junior liens first. You usually must file a claim with the trustee to get the money.
Read this rightThe government cannot keep your home equity beyond the tax debt
U.S. Const. amend. VTakings Clause
If your home is taken or sold to pay property taxes, the government may collect what you owe, but it may not keep the extra value. Keeping the surplus is a "taking" of your property without just compensation, which the Fifth Amendment forbids (Tyler v. Hennepin County, 2023). You may be able to claim the surplus, but you usually must follow your state's claim process and deadlines.
Read this rightAfter a discharge, creditors cannot collect the wiped-out debt from you
11 U.S.C. § 524(a)(2)
A bankruptcy discharge wipes out your personal liability for most debts in the case. After that, the law forbids creditors from suing, calling or otherwise trying to collect a discharged debt from you personally. A court can hold a creditor in contempt if there was no fair doubt that its conduct was barred.
Read this rightRenters get at least 90 days' notice after a foreclosure
12 U.S.C. § 5220 note(Pub. L. 111-22, div. A, § 702(a)–(b))
If you rent a home that goes through foreclosure, the new owner must give you a notice to move at least 90 days before you have to leave. If you have a real (bona fide) lease signed before the foreclosure notice, you can usually stay until the lease ends. The exception is when the new owner will live in the home; even then you still get the 90 days' notice.
Read this rightRight to claim excess proceeds after a tax sale
Cal. Rev. & Tax. Code § 4675(a)(1)
If the county sells your property for more than the taxes and costs, the extra money (excess proceeds) can be claimed. Any party of interest, including the former owner, can file a claim with the county within one year after the tax deed is recorded. California had this process before the 2023 Tyler v. Hennepin County decision.
Read this right