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California Civil Code Section 2924k

Legal Research Home > California Lawyer > Civil Code > California Civil Code Section 2924k

(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.

Last modified: January 12, 2009