Sections
15 entriesSection 704.710Defines homestead terms: dwelling includes listed residential property; family unit covers specified spouses and dependent relatives; and homestead generally means the principal…Section 704.720Exempts a homestead from sale to stated extent and protects qualifying proceeds up to the homestead exemption for six months after receipt,…Section 704.730Sets the homestead exemption at the greater of the prior calendar year’s countywide median sale price for a single-family home, capped at…Section 704.740Requires a court order before a natural person’s dwelling may be sold to enforce a money judgment and directs the dwelling exemption…Section 704.750Requires a judgment creditor, after notice that a dwelling was levied, to apply for a court sale order and file a copy…Section 704.760Requires a sworn creditor application for dwelling sale to describe the property and state specified tax-assessor exemptions, homestead status and amount, recorded…Section 704.770Requires the court to set a sale-order hearing no later than 45 days after the creditor’s application, unless good cause supports a…Section 704.780Sets the homestead hearing burden based on tax-assessor exemption records and places any dispute over the stated exemption amount on the person…Section 704.790Requires the creditor, when neither the debtor, spouse, nor their attorneys appeared at a dwelling-sale hearing, to serve the order and prescribed…Section 704.800Prohibits a homestead sale when no bid exceeds the exemption plus amounts needed to satisfy liens; the property must be released and…Section 704.810Prohibits a levy on an encumbered homestead, by itself, from accelerating the secured obligation despite any contrary term in the obligation, lien,…Section 704.820Requires an execution sale involving a jointly owned, commonly owned, leasehold, or other less-than-fee dwelling interest to sell the judgment debtor’s interest…Section 704.830Extends the provisions of the two specifically referenced sections to proceedings conducted under this article, making those provisions applicable within these proceedings.…Section 704.840Allows a judgment creditor to recover reasonable costs incurred in the proceeding, except when a court-ordered homestead sale receives no bid exceeding…Section 704.850Requires the levying officer to distribute homestead-sale proceeds first to liens and encumbrances, then the debtor’s applicable proceeds exemption, then unreimbursed officer…