§ 704.800. — 704.800. (Added by Stats. 1982, Ch. 1364, Sec. 2.)

California § 704.800.

• Jurisdiction: California
• Code CCP: Code of Civil Procedure - CCP
• Div.: 2.
• Title: 9.
• Part 2.: DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS
• Ch. 4.: CHAPTER 4. Exemptions
• Art. 4.: ARTICLE 4. Homestead Exemption

Text

(a)
If no bid is received at a sale of a homestead pursuant to a court order for sale that exceeds the amount of the homestead exemption plus any additional amount necessary to satisfy all liens and encumbrances on the property, including but not limited to any attachment or judgment lien, the homestead shall not be sold and shall be released and is not thereafter subject to a court order for sale upon subsequent application by the same judgment creditor for a period of one year.
(b)
If no bid is received at the sale of a homestead pursuant to a court order for
sale that is 90 percent or more of the fair market value determined pursuant to Section 704.780, the homestead shall not be sold unless the court, upon motion of the judgment creditor, does one of the following:
(1)
Grants permission to accept the highest bid that exceeds the amount of the minimum bid required by subdivision (a).
(2)
Makes a new order for sale of the homestead.

Legislative History

Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.