California § 728. 728. (Enacted 1872.)

California Statutes

§ 728. — 728. (Enacted 1872.)

California § 728.

JurisdictionCalifornia

Code CCPCode of Civil Procedure - CCP

Title10.

Part 2.TITLE 10. ACTIONS IN PARTICULAR CASES

Ch. 1.CHAPTER 1. Actions for the Foreclosure of Mortgages

This text of California § 728. (728. (Enacted 1872.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Code of Civil Procedure - CCP Code § 728. (2026).

Text

If the debt for which the mortgage, lien, or incumbrance is held is not all due, so soon as sufficient of the property has been sold to pay the amount due, with costs, the sale must cease; and afterwards, as often as more becomes due, for principal or interest, the Court may, on motion, order more to be sold. But if the property cannot be sold in portions, without injury to the parties, the whole may be ordered to be sold in the first instance, and the entire debt and costs paid, there being a rebate of interest where such rebate is proper.

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If the debt for which the mortgage, lien, or incumbrance is held is not all due, so soon as sufficient of the property has been sold to pay the amount due, with costs, the sale must cease; and afterwards, as often as more becomes due, for principal or interest, the Court may, on motion, order more to be sold. But if the property cannot be sold in portions, without injury to the parties, the whole may be ordered to be sold in the first instance, and the entire debt and costs paid, there being a rebate of interest where such rebate is proper.

Legislative History

Enacted 1872.

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California § 728., Counsel Stack Legal Research, https://law.counselstack.com/statute/ca/CCP/728..