When a judgment debtor owns real estate in California, you can force a sheriff's sale to satisfy your judgment. It's a nuclear option - expensive and slow - but for large judgments against property owners, it works.
Real property execution under CCP § 701.510 allows you to force a sheriff's sale of the judgment debtor's interest in California real estate. This includes houses, condos, vacant land, commercial property, and even partial interests like joint tenancy shares.
Before pursuing a forced sale, confirm the debtor actually has equity. Order a preliminary title report to identify all liens - if the property is underwater, execution is pointless.
California's homestead exemption protects significant equity in a primary residence. As of 2024, it ranges from $313,200 to $626,400 depending on the county. If the debtor's equity is less than the exemption, a forced sale won't work.
File Abstract of Judgment (EJ-001) with county recorder to create judgment lien.
Get preliminary title report showing all liens and encumbrances to verify equity.
Apply for writ (EJ-130) specifically directing levy on real property.
File instructions and deposit with sheriff's civil division for levy.
Sheriff posts property, mails notices, publishes sale notice in newspaper.
Public auction at courthouse. Highest bidder wins, subject to redemption.
Recording an Abstract of Judgment creates a judgment lien that attaches to the debtor's real property in that county. This is different from forcing a sale:
Most judgment creditors start with recording an abstract. Forcing a sale is reserved for large judgments where the debtor won't pay voluntarily and has substantial equity.
Under CCP § 729.010, after a sheriff's sale, the judgment debtor has one year to redeem (buy back) the property by paying the purchase price plus interest and costs.
As the judgment creditor, you can "credit bid" at the sale - use your judgment as currency instead of cash. If no one outbids you, you get the property (subject to redemption). This is often the strategic move when you believe the property is worth more than the minimum bid.
The redemption period can be reduced to 3 months if the proceeds from the sale fully satisfy the judgment plus all senior liens. In practice, this shortened period rarely applies because most properties have mortgages that exceed the sale price.
The homestead exemption under CCP § 704.730 protects a portion of the debtor's equity in their primary residence from forced sale. As of January 1, 2024:
Before spending money on real property execution, calculate: Property Value - Mortgages - Senior Liens - Homestead Exemption = Available Equity. If the result is negative or small, don't waste your money.
The homestead exemption only applies to the debtor's principal dwelling. Rental properties, vacant land, second homes, and commercial property have no homestead protection. These are much better targets for forced sale.
You can only execute on the debtor's interest, not the entire property. For joint tenants, this means selling their fractional interest - which attracts few buyers since they'd co-own with strangers. For community property, you may be able to reach the whole property depending on whether the debt is a community obligation. These situations require careful legal analysis.
Yes, but your judgment lien is junior to existing mortgages. The buyer at the sheriff's sale takes subject to senior liens. If the mortgage balance exceeds the property value, there's nothing for junior lienholders. Always get a title report to know your position before spending money on execution.
Under CCP § 701.620, there is no minimum bid requirement. The property sells to the highest bidder regardless of how low the bid is. However, if the debtor claims homestead exemption, the court may set a minimum bid that accounts for the exemption amount.
Several methods: (1) County assessor's office - search by owner name; (2) Post-judgment discovery - interrogatories and debtor examination; (3) Title company searches; (4) Commercial asset search services. Many county assessors have free online searches. Start there before paying for professional searches.
Bankruptcy immediately halts all collection activity, including any pending property sale. The "automatic stay" stops everything. Your judgment lien survives bankruptcy, but whether you can continue the forced sale depends on the type of bankruptcy and whether the debtor's equity is exempt under federal or state law. If execution is already underway, consult a bankruptcy attorney immediately.
From writ application to receiving sale proceeds: typically 4-6 months minimum. Add the one-year redemption period before title transfers. Timeline breakdown: Get writ (1-2 weeks), sheriff processes levy (2-4 weeks), notice and publication requirements (20+ days), sale scheduling (30-60 days), redemption period (12 months). Budget a year or more from start to finish.
I handle California real property executions from lien analysis through sheriff's sale. Title research, exemption calculations, bid strategy - professional judgment enforcement.