Existing law authorizes a judgment creditor to enforce a money judgment obtained in a civil action by obtaining a writ of execution that allows the creditor to levy on property of the judgment debtor and obtain satisfaction of the judgment by, among other things, a sale of the property. Existing law generally provides that all property of the judgment debtor is subject to execution, with specified exceptions. Existing law authorizes a judgment debtor to protect a specified amount of the judgment debtor's equity in the debtor's principal dwelling by claiming a homestead exemption in that property. Existing law requires a judgment creditor who has levied on a judgment debtor's dwelling to apply to the court for a sale of the dwelling, and specifies the contents of that application.
This bill would prohibit a sale under execution of a judgment lien of a judgment debtor's principal place of residence if the underlying judgment is based on an unsecured consumer debt, as defined. The bill would require a judgment creditor's application for sale of a dwelling to include a statement that the judgment on which the execution sale is based is not for an unsecured consumer debt.