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§ 729.040.Certificate Sale

Title 10. Actions In Particular Cases · Chapter 1. Actions for the Foreclosure of Mortgages · Last amended 2007 · Last verified July 28, 2026

In one sentenceSection 729.040 requires the levying officer or trustee to execute, deliver, and record a certificate of sale once a redemption-sale purchaser pays the amount due, and specifies what information the certificate must contain, including the price paid, the total price, and the applicable redemption period.

Full Text of § 729.040

Text sizeJump to: (a) (b) (c)

(a) Notwithstanding Section 701.660, when the purchaser of an interest in real property sold subject to the right of redemption pays the amount due, the levying officer conducting the sale shall execute and deliver a certificate of sale to the purchaser and record a duplicate of the certificate of sale in the office of the county recorder.
(b) The certificate of sale shall contain either:
(1) In the case of a judicial foreclosure, the information required by Section 701.670.
(2) In the case of a nonjudicial foreclosure, all of the information required by subdivisions (c), (d), and (e) of Section 701.670.
(c) In addition to the information required by subdivision (b), the certificate of sale shall also contain the following:
(1) The price paid for each distinct lot or parcel of real property sold subject to the right of redemption.
(2) The total price paid.
(3) A statement that the property is subject to the right of redemption, indicating the applicable redemption period.

Plain-English Summary

A sale subject to redemption doesn't produce an ordinary deed right away — it produces a certificate of sale. Subdivision (a) requires the levying officer conducting the sale to execute and deliver that certificate to the purchaser once the amount due is paid, and to record a duplicate with the county recorder, notwithstanding the ordinary deed-recording rule of § 701.660.

Subdivision (b) ties the certificate's contents to whether the foreclosure was judicial or nonjudicial: a judicial sale's certificate follows the informational requirements of § 701.670, while a nonjudicial sale's certificate borrows only the property-description, sale-terms, and encumbrance information required by § 701.670's subdivisions (c) through (e). Subdivision (c) adds requirements specific to a redemption sale — the price paid for each distinct lot or parcel, the total price paid, and a statement that the property is subject to redemption, including the applicable redemption period.

Frequently Asked Questions

What document does a purchaser receive after a sale subject to the right of redemption?

A certificate of sale, which the levying officer or trustee executes and delivers once the purchaser pays the amount due, with a duplicate recorded with the county recorder.

Does the certificate of sale look the same for judicial and nonjudicial foreclosures?

Not exactly. A judicial foreclosure's certificate must include everything § 701.670 requires; a nonjudicial foreclosure's certificate need only include the information in § 701.670's subdivisions (c) through (e).

What extra information must a redemption-sale certificate include?

The price paid for each distinct lot or parcel, the total price paid, and a statement of the applicable redemption period.

Amendment History

Amended by Stats 2006 ch 575 (AB 2624),s 6, eff. 1/1/2007.

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: certificate of sale foreclosure californiaredemption sale certificate requirements