2015 California Code
Code of Civil Procedure - CCP
PART 2 - OF CIVIL ACTIONS
TITLE 9 - ENFORCEMENT OF JUDGMENTS
DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS
CHAPTER 4 - Exemptions
ARTICLE 4 - Homestead Exemption
Section 704.850.

CA Civ Pro Code § 704.850 through (2015) Leg Sess What's This?

704.850. (a) The levying officer shall distribute the proceeds of sale of a homestead in the following order:

(1) To the discharge of all liens and encumbrances, if any, on the property.

(2) To the judgment debtor in the amount of any applicable exemption of proceeds pursuant to Section 704.720.

(3) To the levying officer for the reimbursement of the levying officer s costs for which an advance has not been made.

(4) To the judgment creditor to satisfy the following:

(A) First, costs and interest accruing after issuance of the writ pursuant to which the sale is conducted.

(B) Second, the amount due on the judgment with costs and interest, as entered on the writ.

(5) To the judgment debtor in the amount remaining.

(b) Sections 701.820 and 701.830 apply to distribution of proceeds under this section.

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

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