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California Code Of Civil Procedure Section 728

Legal Research Home > California Lawyer > Code of Civil Procedure > California Code Of Civil Procedure Section 728

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.

Last modified: January 12, 2009