Legal Question in Credit and Debt Law in California

RE: Abstract of CA money judgment is recorder BEFORE judgment debtor acquires title to dwelling house. Debtor then homesteads dwelling. What effect does homestead have on subsequent execution sale of the dwelling?


Asked on 6/28/10, 2:21 pm

1 Answer from Attorneys

It makes no difference at an execution sale whether the homeowner records a declared homestead or just accepts the automatic homestead exemption. The declared homestead only comes into play if the judgment debtor wants to sell the property voluntarily while the judgment lien is attached.

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Answered on 6/28/10, 6:38 pm


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