(a) Except as provided in paragraph (1) of subdivision (c), a sale of property pursuant to this article is absolute and shall not be set aside for any reason.
§ 701.680.Sale Absolute and Not Set Aside; Exceptions
Title 9. Enforcement of Judgments · Division 2 · Chapter 3. Execution · Article 6. Sale and Collection · Last amended 2015 · Last verified July 28, 2026
In one sentenceSection 701.680 makes an execution sale absolute and generally immune from being set aside, but lets a debtor recover proceeds if the judgment is later reversed, and lets a debtor sue within ninety days to unwind an improper sale if the purchaser was the judgment creditor.
Full Text of § 701.680
(b) If the judgment is reversed, vacated, or otherwise set aside, the judgment debtor may recover from the judgment creditor the proceeds of a sale pursuant to the judgment with interest at the rate on money judgments to the extent the proceeds were applied to the satisfaction of the judgment.
(c) If the sale was improper because of irregularities in the proceedings, because the property sold was not subject to execution, or for any other reason:
(1) The judgment debtor, or the judgment debtor's successor in interest, may commence an action within 90 days after the date of sale to set aside the sale if the purchaser at the sale is the judgment creditor. Subject to paragraph (2), if the sale is set aside, the judgment of the judgment creditor is revived to reflect the amount that was satisfied from the proceeds of the sale and the judgment creditor is entitled to interest on the amount of the judgment as so revived as if the sale had not been made. Any liens extinguished by the sale of the property are revived and reattach to the property with the same priority and effect as if the sale had not been made.
(2) The judgment debtor, or the judgment debtor's successor in interest, may recover damages caused by the impropriety. If damages are recovered against the judgment creditor, they shall be offset against the judgment to the extent the judgment is not satisfied. If damages are recovered against the levying officer, they shall be applied to the judgment to the extent the judgment is not satisfied.
(d) For the purposes of subdivision (c), the purchaser of the property at the sale is not a successor in interest.
(e) This section does not affect, limit, or eliminate a judgment debtor's equitable right of redemption.
Plain-English Summary
Finality matters enormously to execution sale purchasers, and § 701.680 protects it as a default rule: a sale under this article is absolute and generally cannot be set aside for any reason, apart from the specific exception in subdivision (c)(1).
If the underlying judgment is later reversed, vacated, or otherwise set aside, the debtor can still recover the sale proceeds from the judgment creditor, with interest, to the extent those proceeds were applied to satisfy the judgment — a remedy that runs against the creditor's recovery rather than against the sale itself.
When the sale was improper — because of procedural irregularities, because the property wasn't subject to execution at all, or for some other reason — the debtor or a successor in interest has two options, but only if the purchaser at the sale was the judgment creditor: sue within ninety days to set the sale aside, which revives the judgment (with interest) to the extent it was satisfied and revives any liens the sale extinguished, or instead sue for damages caused by the impropriety, which offset the judgment if recovered from the creditor or get applied to it if recovered from the levying officer. Neither option is available if a different purchaser bought the property, since subdivision (d) excludes the sale purchaser from counting as a "successor in interest." None of this cuts off the debtor's separate equitable right of redemption.
Frequently Asked Questions
Can an execution sale generally be undone after the fact?
No, § 701.680(a) makes the sale absolute and bars setting it aside except as subdivision (c)(1) allows.
What happens to sale proceeds if the underlying judgment is later reversed?
The debtor can recover the proceeds from the judgment creditor, with interest, to the extent they were applied to satisfy the judgment.
When can a debtor sue to unwind an improper sale?
Within ninety days after the sale, but only if the purchaser at the sale was the judgment creditor.
What if the sale was improper but a third party, not the creditor, bought the property?
The debtor's remedy is limited to damages for the impropriety rather than setting aside the sale, since a third-party purchaser isn't reached by subdivision (c)(1).
Does this section eliminate the debtor's equitable right of redemption?
No, § 701.680(e) expressly preserves that right.
Amendment History
Amended by Stats 2014 ch 183 (AB 2317),s 1, eff. 1/1/2015.
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: setting aside execution sale california