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Cal. Civ. Proc. Code § 704.850

Homestead Exemption

Known as the Enforcement of Judgments Law

The act spans §§ 680–724 (467 sections).

Applied in 3 court decisions — leading case Katz v. Pike (In Re Pike) (1999)

Most recently applied in Katz v. Pike (In Re Pike) (December 1999)

Added by Stats. 1982, Ch. 1364, Sec. 2

How often courts cite this section

1995199910
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.