(a) If the purchaser and the person seeking to redeem the property disagree on the redemption price or as to whether the person is entitled to redeem the property, or if the purchaser refuses the tender of the redemption price pursuant to Section 729.080, the person seeking to redeem may file a petition with the court for an order determining the redemption price or whether the person is entitled to redeem the property. The petition shall be filed before the expiration of the redemption period. At the time the petition is filed, the petitioner shall deposit the undisputed amount of the redemption price with the levying officer, if deposit has not previously been made, and give written notice to the levying officer or trustee of the filing of the petition.
§ 729.070.Petition For Court Order Determining Redemption Price Or If Person Entitled to Redeem
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 729.070 lets a person seeking to redeem petition the court to resolve a dispute over the redemption price or redemption eligibility, requiring the undisputed amount to be deposited first, a hearing within twenty days, ten days' advance service on the purchaser, and proof from the petitioner, with any court-ordered additional amount due within ten days.
Full Text of § 729.070
(b) The petition shall be in writing and shall include the following statements:
(1) The amounts demanded to which the person seeking to redeem objects and the reasons for the objection.
(2) Any amounts offset to which the purchaser objects and the justification for the offset.
(3) The status of the petitioner that qualifies the petitioner to redeem the property. A copy of the papers required by subdivision (a) of Section 729.060 shall be filed with the petition.
(c) The hearing on the petition shall be held not later than 20 days after the date the petition was filed unless continued by the court for good cause.
(d) Not less than 10 days before the hearing, the person seeking to redeem the property shall personally serve on the purchaser a copy of the petition together with a notice of the time and place of the hearing.
(e) At the hearing on the petition, the person seeking to redeem the property has the burden of proof.
(f) At the conclusion of the hearing, the court shall determine by order the amount required to redeem the property. The determination shall be made upon affidavit or evidence satisfactory to the court.
(g) If an amount in addition to that deposited with the levying officer is required to redeem the property, the person seeking to redeem shall, within 10 days after the issuance of the order, pay the additional amount to the levying officer.
Plain-English Summary
Not every redemption goes smoothly. When the purchaser and the would-be redeemer disagree on the redemption price, on whether the person is entitled to redeem at all, or when the purchaser refuses a tender under § 729.080, subdivision (a) lets the person seeking to redeem file a petition asking the court to settle the dispute. That petition has to be filed before the redemption period expires, and the petitioner must deposit whatever part of the price isn't disputed and notify the levying officer or trustee.
Subdivision (b) requires the petition to lay out, in writing, the disputed amounts and the objections to them, any offsets the purchaser disputes, and proof of the petitioner's status to redeem. Subdivisions (c) and (d) set the pace: a hearing within twenty days absent good cause for a continuance, with the purchaser personally served at least ten days beforehand. Subdivision (e) puts the burden of proof on the person seeking to redeem, and subdivisions (f) and (g) close the loop — the court fixes the redemption amount by order, and if more than what's already on deposit is required, the petitioner has ten days from the order to pay it.
Frequently Asked Questions
What can a person do if the purchaser disputes the redemption price?
File a petition with the court under § 729.070 asking it to determine the redemption price or whether the person is entitled to redeem, after depositing the undisputed portion of the price.
How quickly must the court hold a hearing on this petition?
Not later than twenty days after the petition is filed, unless the court continues it for good cause.
Who has the burden of proof at the hearing?
The person seeking to redeem the property.
What happens if the court orders a higher redemption price than what was deposited?
The person seeking to redeem must pay the additional amount to the levying officer within ten days of the order.
Amendment History
Amended by Stats 2006 ch 575 (AB 2624),s 8, 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: dispute redemption price california petitionpetition to redeem foreclosed property