In all cases where new counties have been or may hereafter be created, and executions, orders of sale upon foreclosures of mortgages, or other process affecting specific real estate have been or may hereafter be adjudged by the final judgment or decree of a court of competent jurisdiction, to be executed by the sheriff of the county in which such real estate was originally situated, such process may be executed by the sheriff of the new county in which such real estate is found to be situated, with the like effect as if he were the sheriff of the county designated in the judgment, decree, or order of sale to execute the same.
§ 262.11.Execution of process and orders affecting real estate after creation of new county
Title 4. Ministerial Officers of Courts of Justice · Chapter 1. Of Ministerial Officers Generally · Enacted 1955 · no amendments on record · Last verified July 28, 2026
In one sentence§ 262.11 lets the sheriff of a newly created county execute an execution, foreclosure order of sale, or other process affecting specific real estate that a judgment directed to the sheriff of the county where the real estate was originally located, once the property is found to lie within the new county.
Full Text of § 262.11
Plain-English Summary
California’s county map has shifted many times since statehood, with new counties carved out of older ones. § 262.11 keeps judgments enforceable through those boundary changes: when an execution, a foreclosure order of sale, or other process affecting specific real estate was adjudged to be executed by the sheriff of the county where that real estate originally sat, and the property later turns out to lie in a newly created county, the new county’s sheriff may execute the process instead.
The new county’s sheriff acts with the same effect as if that sheriff had been the one named in the judgment, decree, or order of sale to begin with. Nothing about the judgment itself needs to be reopened or amended to account for the boundary change.
This is a narrow, practical fix rather than a general jurisdiction rule — it applies specifically to process tied to real estate whose county location changed after the judgment was rendered, not to process generally.
Frequently Asked Questions
What happens to a judgment directing the “old” county’s sheriff to execute against real estate now in a new county?
§ 262.11 lets the new county’s sheriff execute the process instead, with the same effect as if that sheriff had been named in the judgment.
Does § 262.11 apply only to foreclosure sales?
No. It covers executions, orders of sale on mortgage foreclosures, and other process affecting specific real estate.
Why was this section needed?
Because California’s county boundaries have changed repeatedly, separating land from the sheriff’s office that originally held jurisdiction over it; § 262.11 keeps the resulting judgments enforceable despite that change.
Amendment History
Added Stats 1955 ch 59 § 5.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: sheriff jurisdiction after new county created californiaccp 262.11 execution real estate new countyforeclosure sale sheriff county boundary change