Meyer v. Sheh
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Before a creditor with a money judgment may force the sale of a debtor's dwelling to satisfy that judgment, the creditor must, in addition to other procedures, obtain a court order authorizing the sale. To obtain that court order, the creditor must file an application that includes, among other things, a statement of the amount of any liens or encumbrances on the dwelling.
The Court of Appeal held that this requires the creditor to list liens on the property for unpaid real property taxes, even though those liens need not be recorded because they come into being by operation of law. In this case, the trial court properly denied the creditor's application as deficient, because the creditor's application did not list the delinquent property taxes against the debtor's dwelling and went so far as to represent, under oath, that "there are no actual or purported liens or encumbrances" on the property. Accordingly, the court affirmed the trial court's denial of the creditor's application as deficient.
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