R.E.F.S. v. Williams
This is the second appeal in a special proceeding for distribution of surplus proceeds of the 2003 trustee’s sale of a condominium. The foreclosure trustee, R.E.F.S., Inc., deposited the proceeds with the superior court under Civil Code section 2924j.[1] At the time of the trustee’s sale, appellants G. Gregory Williams and Plernpit Polpantu lived in the condominium and claimed to own it. Respondent Eli Levi, who bought the property at the trustee’s sale, later obtained a money judgment against appellants and sought release of the surplus funds in the section 2924j proceeding. Appellants challenge two orders — dated April 29, 2014 and September 2, 2015 — that released the funds to Levi.
We conclude that while Levi may have other remedies against appellants based on his 2008 money judgment, he is not entitled to the surplus funds in the section 2924j proceeding, as that proceeding is intended to provide a speedy remedy to holders of junior liens on the property that were
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