Sale of Real Property Under a Writ of Execution

Written by Adam Peck Category: Injury Law January 15th, 2013 2 min read

California provides a distinct and orderly process to sell real property under a writ of execution. Code of Civil Procedure §§701.510, et. seq. This method has a number of important safeguards for the debtor built in.

Debtor Safeguards for Real Property:

Personal service of notice on the debtor;
An opportunity for the debtor to respond;
Title report or equivalent is obtained and reviewed;
Fair Market Value and homestead exemptions are determined;
Debtor given minimum 120 days from notice to sale; and
Homestead Property must sell for at least 90% of determined Fair Market Value.

Due to the strictures of this process, there are a number of reasons why a judgment creditor might not obtain satisfaction in the end. Consider these common issues:

The execution method requires cash on sale or within 10 days and these days, buyers with cash are looking for a better deal than 10% under fair market value.
Buyers are not able to walk through and inspect the property before buying resulting in a lower bid price, especially on questionable properties.
A mistake is made in the process, where the process must begin again.
The sale lacks the benefit of common open market sales like listings on the Multiple Listing Service, aggressive marketing by a licensed real estate agent, ability for buyers to obtain financing, inspections and repairs, etc.
The sheriff or levying officer has numerous responsibilities and cannot devote any significant amount of time toward insuring completion of the sale or other “special attention”.

– from Steven Peck, Senior Attorney at Peck Law Group

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.