704.740. (a) Except as provided in subdivision (b), the interest of a natural person in a dwelling may not be sold under this division to enforce a money judgment except pursuant to a court order for sale obtained under this article and the dwelling exemption shall be determined under this article.
(b) If the dwelling is personal property or is real property in which the judgment debtor has a leasehold estate with an unexpired term of less than two years at the time of levy:
(1) A court order for sale is not required and the procedures provided in this article relating to the court order for sale do not apply.
(2) An exemption claim shall be made and determined as provided in Article 2 (commencing with Section 703.510).
(Amended by Stats. 1984, Ch. 538, Sec. 26.)Section: Previous 704.710 704.720 704.730 704.740 704.750 704.760 704.770 704.780 704.790 704.800 704.810 704.820 704.830 704.840 704.850 Next
Last modified: September 9, 2016