(a) If the decree of foreclosure of a mortgage or deed of trust on real property pursuant to Section 726 determines that a deficiency judgment may be ordered against the defendant, the real property (other than a leasehold estate with an unexpired term of less than two years at the time of levy) shall be sold subject to the right of redemption.
§ 729.010.Sale of Property Subject to Right of Redemption
Title 10. Actions In Particular Cases · Chapter 1. Actions for the Foreclosure of Mortgages · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 729.010 requires that when a foreclosure decree leaves the door open to a deficiency judgment, the property be sold subject to the borrower's right of redemption under the ordinary sale procedure of § 716.020, with modified notice timing that lets sale notice go out as soon as judgment is entered.
Full Text of § 729.010
(b) If the property is to be sold subject to the right of redemption, the sale is governed by Section 716.020, except that:
(1) The notice of sale of the property shall state that the property will be sold subject to the right of redemption and shall state the amount of the secured indebtedness with interest and costs.
(2) Notice of sale may be given upon entry of the judgment for sale of the property and the provision of Section 701.545 delaying notice of sale does not apply.
(3) Notice of sale may be given to persons having liens on the property upon entry of the judgment for sale of the property and the provision of subdivision (h) of Section 701.540 delaying such notice does not apply.
Plain-English Summary
This section is the bridge between the foreclosure decree of § 726 and the redemption-sale rules that follow it. If the decree determines a deficiency judgment may be ordered against the defendant, subdivision (a) requires the property — unless it's a leasehold with less than two years left at levy — to be sold subject to the judgment debtor's right of redemption, rather than sold outright as § 716.020 ordinarily contemplates.
Subdivision (b) folds that redemption sale into the § 716.020 procedure, with three adjustments: the notice of sale must disclose that the property is being sold subject to redemption and state the secured indebtedness with interest and costs; notice of sale can go out as soon as judgment for sale is entered, without waiting out § 701.545's usual delay; and notice to lienholders can likewise go out upon entry of judgment, bypassing the delay § 701.540(h) would otherwise impose.
Frequently Asked Questions
When must a foreclosed property be sold subject to the right of redemption?
Whenever the foreclosure decree under § 726 determines that a deficiency judgment may be ordered against the defendant, unless the property is a leasehold with fewer than two years remaining at the time of levy.
What sale procedure governs a redemption sale under this section?
The general execution sale procedure of § 716.020, modified by the notice requirements set out in § 729.010(b).
How is the notice for a redemption sale different from an ordinary execution sale notice?
Amendment History
Added by Stats. 1982, Ch. 497, Sec. 48. Operative July 1, 1983, by Sec. 185 of Ch. 497.
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: foreclosure sale subject to redemption californiaright of redemption after foreclosure