Legal Question in Real Estate Law in California

Highly Doubtful.

Your question is not clear. Assuming that the property is sold at forclosure the funds are disbursed as follows: to the first mortgage holder including the costs of foreclosure, any other liens in the order in which they are recorded. Any funds then remaining would be payable to the home owner. In the current financial climate it would be a rare foreclosure in which the amount paid for the property exceeded the mortgage or mortgages.

If it was your property that was subject to the deed of trust, it is subject Mr. Johnson's analysis. If you held the deed of trust on someone else's property, I suggest you speak to an attorney before you foreclose, as you may preclude yourself from other remedies if the property's value is insufficent to satisfy the debt.

You would be entitled to whatever is left after payment of all mortgages, liens, costs of sale and attorney fees. Generally, nothing.

If the property has already sold and you were either the debtor or a lienholding creditor, the selling trustee should give you an accounting for the financial results of the sale. Civil Code sections 2924j and 2924k are the principal provisions of law covering notices and distribution of funds after a trustee sale.