§ 729.080.Execution and Delivery of Certificate of Sale; Certificate of Redemption
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 729.080 requires a deed to issue to the purchaser if the redemption price isn't timely deposited, but a certificate of redemption to the redeeming party if it is and the purchaser accepts or is ordered to accept tender, restores the redeemer to the estate sold, and keeps liens extinguished by the sale from reattaching.
(a)If the redemption price is not deposited pursuant to Section 729.060 before the expiration of the redemption period, or if no additional deposit is made pursuant to subdivision (g) of Section 729.070 before the expiration of the time provided, the levying officer who conducted the sale shall promptly execute and deliver to the purchaser a deed of sale that complies with the requirements of Section 701.670, or the nonjudicial foreclosure trustee pursuant to Section 729.035 shall deliver an executed trustee's deed and comply with the requirements of Section 2924j of the Civil Code.
(b)If the person seeking to redeem the property deposits the redemption price pursuant to Section 729.060 or 729.070 during the redemption period, the levying officer shall tender the deposit to the purchaser. If the purchaser accepts the tender or if the redemption price determined by court order is tendered, the levying officer or trustee shall promptly execute and deliver a certificate of redemption to the person seeking to redeem and shall immediately record a duplicate of the certificate in the office of the recorder of the county where the property is located.
(c)Tender of the redemption price determined by court order or agreed upon by the purchaser and the person seeking to redeem the property is equivalent to payment. If the tender is refused, the levying officer shall deposit the amount tendered with the county treasurer of the county where the property is located, payable to the order of the purchaser. If the amount deposited is not claimed by the purchaser, or the legal representative of the purchaser, within five years after the deposit is made, by making application to the treasurer or other official designated by the county, it shall be paid into the general fund of the county.
(d)Except as provided in subdivision (e), upon redemption the effect of the sale is terminated and the person who redeemed the property is restored to the estate therein sold at the sale.
(e)Liens extinguished by the sale, as provided in Section 701.630, do not reattach to the property after redemption, and the property that was subject to the extinguished lien may not be applied to the satisfaction of the claim or judgment under which the lien was created.
Plain-English Summary
This section closes out the redemption process one of two ways. Subdivision (a) covers the failure to redeem: if the redemption price isn't deposited under § 729.060 before the redemption period ends, or an additional court-ordered amount isn't paid under § 729.070(g) in time, the levying officer must promptly deliver a deed of sale meeting § 701.670's requirements, or the nonjudicial trustee must deliver a trustee's deed under Civil Code § 2924j.
Subdivision (b) covers a successful redemption: once the redemption price is deposited, the levying officer tenders it to the purchaser, and if the purchaser accepts — or if a court-ordered price is tendered — the officer or trustee delivers a certificate of redemption and records a duplicate with the county recorder. Subdivision (c) treats a proper tender as equivalent to payment even if the purchaser refuses it, routing a refused tender to the county treasurer, where unclaimed funds eventually fall into the county's general fund after five years. Subdivisions (d) and (e) describe the effect: redemption terminates the sale and restores the redeeming party to the estate sold, but any liens the sale itself extinguished under § 701.630 don't come back to life.
Frequently Asked Questions
What happens if the redemption price isn't deposited before the redemption period ends?
The levying officer must promptly deliver a deed of sale to the purchaser, or the nonjudicial trustee must deliver a trustee's deed under Civil Code § 2924j.
What happens if the redemption price is deposited on time?
The levying officer tenders it to the purchaser, and if accepted (or if a court-ordered price is tendered), a certificate of redemption is delivered to the redeeming party and recorded.
What if the purchaser refuses to accept the redemption tender?
The tender still counts as equivalent to payment, and the levying officer deposits the refused amount with the county treasurer for the purchaser to claim.
Do liens extinguished by the original sale come back after redemption?
No. Section 729.080(e) provides that liens extinguished by the sale under § 701.630 do not reattach to the property after redemption.
Amendment History
Amended by Stats 2006 ch 575 (AB 2624),s 9, 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 redemption californiadeed after failed redemption foreclosure