# 7. Western Fidelity Assoc., LLC v. Robert Winston Webb, et al.

Case No.: TC028566

Matter on calendar for: OSC re: unclaimed surplus funds

Tentative ruling: funds to be distributed as identified

Background

Plaintiff Western Fidelity Assoc., LLC, commenced and completed foreclosure on 711 East 118th Street, Los Angeles, California. The owner was defendant Robert C. Webb, who is now deceased. The foreclosure resulted in $146,180.53 excess of the debt owed. Western deposited this sum with the clerk, less $24,134.05 for costs and reasonable attorneys’ fees related to the proceedings.

Standard

When a trustee’s sale is concluded and there are surplus funds, the trustee has 30 days from the execution of the trustee’s deed to send written notice to individuals with a recorded interest in the real property prior to the trustee’s sale. (Civ. Code, § 2924j(a).) This allows those individuals to make a claim to the surplus funds. (Civ. Code, § 2924j(a)(3).) Claimants have 30 days to make a