Product
Resources
Case Studies
Plans & Pricing
Case Studies
Plans & Pricing
Log InGet a Demo
Get Started
No Credit Card Required

Table of Contents

CIV-170 Guidance: Petition Regarding Surplus Proceeds of Trustee's Sale (California)

Use the CIV-170 form if as a trustee who needs to petition the court regarding unresolved claims and depositing surplus proceeds from a trustee's sale of a property. This will ensure proper distribution among claimants when priorities are unclear or disputed. Jump to guide on filling it out.

Close Deals Faster.
Reliable, Accurate AI for Redlining.

Use AI to draft and redline
documents faster than ever

Use our legally-trained AI to draft and redline faster than ever — right in Microsoft Word.

Secure and trusted by thousands of law firms and organizations worldwide.

Lean More

Don't settle for the empty PDF.

See how Gavel’s workflows can generate a CIV-170 form for you or your clients

The information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.

Reviewed By

Jenna Zebrowski, JD, MBA
Attorney
Jenna Zebrowski is a JD/MBA graduate from Texas Tech University School of Law. After working in Mexico City for 3 years, she returned to the US and spent over a decade working in-house for large and small companies, including franchises, in a real estate leasing capacity, as well as in the mortgage and title industries. In private practice since 2019, Jenna is passionate about advocacy and protection for her clients’ rights, working collaboratively towards problem prevention, and solution, when necessary.

Tips for filling out form CIV-170

When completing form CIV-170, pay special attention to these less obvious sections:

Item 11a

Priority Issues

In Attachment 11a, clearly describe any difficulties encountered like ambiguous or competing lien priorities that hinder determining claim priorities.
Item 13

Proof of Service

Attach proof of service to demonstrate that all interested parties have been informed about the intent to deposit funds. This ensures compliance with notification requirements.
Item 15

Detail Fees

Provide a detailed breakdown of the trustee's fees and expenses, as this can be scrutinized by the court to confirm they are recoverable under Civil Code section 2924k(a)(1) and (b).
Item 16f

Surplus Calculation

Ensure accurate calculation of remaining surplus proceeds, after deducting claims paid and trustee's fees and expenses, to avoid discrepancies and potential disputes.
Item 4

Trustee's Sale Date

Ensure the date entered for the trustee's sale is accurate, as it determines deadlines for notices and affects claimants' rights.
Item 5

Guarantee Attachment

Attach a copy of the trustee's sale guarantee, which provides proof of the insurance coverage and details about the sale.
Item 8

Notice Recipients

Include the names and addresses of all individuals with recorded interests notified under Civil Code section 2924j(a). Verify this list thoroughly as incomplete or incorrect notifications can cause legal complications.

What to do after filing form CIV-170

1
Confirm the court has received your filing by checking the case status online or contacting the court clerk.
2
File a proof of service for the notice given under Civil Code section 2924j(d) if not already submitted.
3
Monitor court communications for any objection notices or hearings regarding the surplus funds distribution.
4
Prepare documentation for any potential hearing, including evidence of claims and priority, if the court schedules one.
5
Wait for the court's decision on the distribution of surplus funds or a notification of a required court appearance.
Gavel automates client intake, document drafting, and revenue generation so you can focus on practicing law.