TENTATIVE RULING
The unopposed Application of Judgment Creditor for sale of the interest of judgment debtor, Rita Boghairi, is granted.
An order for sale of dwelling is generally required before a property may be sold to enforce a money judgment against the "interest of a natural person in a dwelling." Code Civ. Proc. § 704.740. The Court must determine whether the dwelling is subject to an exemption and, if so, the fair market value and whether a sale subject to the exemption is likely to produce a bid sufficient to satisfy all senior liens and encumbrances. Code Civ. Proc. § 704.780(b).
Here, the records of the County Tax Assessor show that judgment debtor Rita Boghairi does not claim a current homeowner's or disabled veteran's exemption for the subject dwelling. ROA # 307 [Application], Ex. E & F. Thus, Boghairi would have the burden of proving the subject dwelling is a homestead. Code Civ. Proc. § 704.780(a)(1). The record indicates the judgment creditor provided adequate notice
Hearing Date
October 13, 2020
Category
Civil - Unlimited
Type
Professional Negligence
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TENTATIVE RULING
The unopposed Application of Judgment Creditor for sale of the interest of judgment debtor, Rita Boghairi, is granted.
An order for sale of dwelling is generally required before a property may be sold to enforce a money judgment against the "interest of a natural person in a dwelling." Code Civ. Proc. § 704.740. The Court must determine whether the dwelling is subject to an exemption and, if so, the fair market value and whether a sale subject to the exemption is likely to produce a bid sufficient to satisfy all senior liens and encumbrances. Code Civ. Proc. § 704.780(b).
Here, the records of the County Tax Assessor show that judgment debtor Rita Boghairi does not claim a current homeowner's or disabled veteran's exemption for the subject dwelling. ROA # 307 [Application], Ex. E & F. Thus, Boghairi would have the burden of proving the subject dwelling is a homestead. Code Civ. Proc. § 704.780(a)(1). The record indicates the judgment creditor provided adequate notice